Key Benefits:
National Computer and Liberties Commission,
Seen Council of Europe Convention No 108 of 28 January 1981 for the protection of persons with regard to treatment Computerised personal data;
In view of Directive 95 /46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of natural persons with regard to the processing of personal data and free Traffic of this data;
Given the civil code;
Due to the law n ° 78-17 of 6 January 1978 relating to computers, files and freedoms;
In view of Act No. 51-711 of 7 June 1951, as amended on the obligation, coordination and secrecy in Statistics;
Due to Act No. 79-18 of January 3, 1979 on Archives;
Due to Law No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with administrations;
In view of Decree No. 51-284 of 3 March 1951 relating to the annual and decennal tables of the civil status;
Given Decree No. 62-921 of 3 August 1962 Amending certain rules relating to acts of civil status;
In the light of Decree No. 79-1037 of 3 December 1979 on the competence of public archives and cooperation between administrations for the collection, conservation and Communication of the public archives;
In light of Decree No. 82-103 of 22 January 1982, Amended by Decree No. 98-92 of 18 February 1998 laying down the conditions for feeding the RNIPP;
In view of Decree No. 2000-1277 of 26 December 2000 on the simplification of administrative formalities and the deletion of the civil status report;
Vu The general statement on the civil status of 11 May 1999, as amended by the instruction of 29 March 2002;
Considering that, pursuant to Articles 6, 17 and 21 (1 °) of the Act of 6 January 1978, the CNIL is entitled to issue, pursuant to its authority Regulatory, simplified standards for certain automated treatments Personal information;
Whereas, for the purposes of Article 17, a simplified standard must be understood to mean all the conditions which must be met by certain categories of the most common types of treatment to be regarded As clearly not involving a risk of invasion of privacy and freedoms and, therefore, can be the subject of a simplified declaration;
Considering that any device which by any element is not strictly In accordance with these provisions shall be the subject of an application Opinion within the meaning of Article 15 of the Act of 6 January 1978;
Considering that the CNIL is to be consulted on any project or any modification of a regulatory act enabling an administration, a service, a public institution, an organization Or a body controlled by the State, in charge of the appraisal of an administrative record, to request an integral copy or an extract of an act of the civil status directly to the civil status officer depositary of the act, in accordance with the provisions of the Decree No. 62-921 of 3 August 1962;
Considering that salaries Computerised civil status management in the municipalities are those which may, under certain conditions, be covered by Article 17 of the Act of 6 January 1978;
Considering that the introduction of automated data processing Civil status must comply with the basic rules governing the establishment, issuance and preservation of civil status documents,
Decides:
Processing Finalities.
The processing must have no other purposes than:
-the constitution, holding, consultation, verification and preservation, including in digital form, of the registers of the civil status;
-the establishment of the acts of the civil status in the light of the documents submitted by the person concerned, Its representative or a reporting third party;
-the edition of excerpts or full copies of the acts of the civil status;
-the edition of the annual and decadal tables of the civil registers;
-the transmission of information to the Jurisdictions referred to in section 4.
The salaries implemented cannot be To be used for other purposes or to feed other files, in particular the constitution of a population file.
Nominal information recorded by the civil services on the occasion of the establishment or the updating Of an act may be used only for the performance of the tasks entrusted to the mayors in their capacity as a civil status officer and shall be communicated only to the addressees entitled to know it.
Information Registered may not, in particular, be used for purposes Business. No assignment of the civil registry file can take place.
Vital statistics extracts can be extracted to populate the common immunization file, the youth census file. For the Defence Preparation Appeal Day or the Administrative Commission for the Revision of the Lists of Electors for these purposes only and within the limits of the existing texts.
Information collected and processed.
The following information can be collected for the above purposes:
a) Type, date, time and place of the act;
b) Designation of the registrar (name, first name);
c) Names of persons designated in the act;
d) Name of persons designated in the act;
e) Occupation of persons Designated in the act;
(f) Domicile of persons designated in the act;
(g) Date and place of birth of persons designated in the act;
h) Nationals relating to nationality only in cases provided for in Article 28 of the Civil Code And for the sole purpose of feeding INSEE statistical bulletins;
i) Other particulars (nickname or nickname, pseudonym, titles, decorations, mention " Death for France ", mention" Death in deportation ") ;
j) Marginal mentions as prescribed by law or ordered by the judicial authority;
k) Where applicable, legal quality of the child;
l) Where applicable, identity of witnesses or comparators;
m) Where applicable, Information relating to the name, first name, quality and address of the applicant for an act of the civil status and the date of issue and the type of act requested.
No identifying number, other than that specific to the act of the civil status itself, must Appear in the civil status file.
Retention period.
Vital statistics are kept at the town hall for a hundred years from their close. After a period of one hundred years, the registers of the communes shall be kept in accordance with the rules laid down in Articles L. 1421-7, L. 1421-8, R. 1421-11 and R. 1421-12 of the General Code of Local and Regional
. The feeding of INSEE statistical bulletins during the preparation of the acts of the civil status must not be kept longer than six months after their transmission to INSEE or used by the town hall.
Information on the applicant An extract or a complete copy of an act of the civil status may be retained For the sole purpose of evidence in any dispute. This information is limited to the name, first name, quality, address of the applicant and the date of issue and the type of act requested.
Recipients of information
Within the limits of their respective powers, personal information may be disclosed to the following recipients:
INSEE pursuant to Decree No. 82-103 of 22 January 1982 relating to the national directory for the identification of natural persons and general statement of civil status;
Judicial authorities, within the limits of their powers ;
Tax services for acts of death (art. L. 102 A of the book of tax procedures) to the exclusion of any information concerning the heirs;
The Department's maternal and child protection services, for extracts from birth certificates and copies of acts of death of the Children under the age of six, in accordance with article 16 of Decree No. 92-785 of 6 August 1992;
The departmental director of health and social affairs for INSEE statistical bulletins n ° 7 and death certificates;
The Civil Status Officer of the City of Birth;
The Municipal Service of the Vaccinations in accordance with Article L. 1422-1 of the Code of Public Health and the Decree of 28 February 1952;
The municipal service in charge of the national service, pursuant to Article R. 111-9 of the National Service Code ;
The Administrative Commission for the Revision of the List of Electors, under Article R. 7 of the Electoral Code, exclusively for deceased persons.
Browse Registers and Acts of civil status and conditions for the issue of copies and extracts from acts of civil status.
The consultation of registers dating back less than one hundred years is prohibited, except for State officials entitled to this effect and the persons entitled to A written authorization by the Public Prosecutor of the Republic of Canada.
The consultation of civil registers of more than one hundred years old is free, pursuant to Article 7 (3) of the Law of 3 January 1979 on the
. Genealogical research cannot therefore have access to state registers
The issuance of copies and extracts from the acts of the civil status is subject to different conditions laid down in Articles 9 to 13 of Decree No. 62-921 of 3 August 1962, as amended and by entries 193 to
The issuance of an integral copy or an excerpt with filiation of an act of birth or marriage may only be made by the applicant of the place of birth, of the name, Surname and date of birth of the person concerned and the common name and surname of the parents of the A person whose act is claimed, for the major or emancipated persons, the parents, grandparents, children, the spouse, the legal representative or the trustee, the representative (notary, lawyer) with an indication of the quality of the person who has Given the mandate. The brothers and sisters of the deceased with proof of their status as heir may obtain an extract of an act of birth or of marriage with filiation if they indicate the common name and surname of the parents of the person whose act is claimed. The heirs of the deceased other than the descendants, ascendants, brothers and sisters or partners may obtain an extract with filiation if they produce a notarial certificate justifying their status as heir without the name and given name Of the parents of the person whose act is claimed.
In addition, the prosecutor of the Republic may receive full copies or excerpts with the filiation of the birth or marriage without condition. The persons authorised by the prosecutor, the chief clerk of the court of instance for the establishment of a certificate of French nationality and the authorities authorized by a law or regulation with an indication of the text which prevails The administration may obtain an extract with filiation.
Any person may obtain an extract of an act of birth or marriage without descent.
The acts of recognition may be the subject of a full copy for Major or enfranchised persons, parents, grandparents, Children, the spouse, the legal representative or the trustee, the agent (notary, lawyer) with an indication of the quality of the person who gave the mandate. The brothers and sisters of the deceased with proof of their status as heir can obtain a full copy of an act of recognition. The heirs of the deceased other than the descendants, ascendants, brothers and sisters or partners may obtain a full copy of the act of recognition if they justify their status as heir.
In addition, the Public Prosecutor Can receive full copies of unconditional recognition acts. The persons authorised by the prosecutor, the chief clerk of the court of instance for the establishment of a certificate of French nationality and the authorities authorized by a law or regulation with an indication of the text which prevails The administration may obtain a full copy of an act of recognition.
The acts of death may be the subject of full, unconditional copies.
A full copy or an extract of an act of the civil status may be Directly to the officer of the civil State who is the depositary of the act by a Administration, a service, a public institution, an agency or a body controlled by the State, in charge of the appraisal of an administrative record where it is founded by a legislative or regulatory text to require a full copy
This request shall be made after information of the persons concerned, and for the strict purpose referred to in the text of any of the entities referred to in the preceding paragraph, to make that request.
Application or issue of copies or extracts of acts of civil status by way of
A full copy or an extract of an act of civil status may be requested or issued electronically, subject to the legal requirements. The act issued must be authenticated by the registrar.
The information collected for the purpose of issuing a copy or extract of the acts of the civil status must be limited to those provided for in the legislative texts and
information provided by electronic means for the purpose of publishing extracts or copies of the acts of the civil status must be strictly limited to Information required according to the nature of the requested act.
Information and human rights.
The persons concerned or their legal representatives must be informed of the The purposes of processing, the recipients of the data, and their right of access and of their right of rectification to the data concerning them, exercised in accordance with the conditions laid down in the laws and regulations in force in the civil register. The right of opposition shall not be exercised.
Nominal information recorded for the purposes of recording an act on the register of the civil status shall not be used by municipal officials for the purpose of sending a message of congratulations or Condolence, or may be published in the press, only to the extent that, at the time of the establishment of the act, the persons concerned have given their consent to this personalized message or to this publication. The information collected for these purposes cannot be retained or fed into a permanent file.
Secure.
Physical and logical protection measures must be taken to preserve the safety of processing and information, to prevent them from being distorted, damaged or communicated to unauthorized third parties. Maintain integrity.
Data transmitted over the Internet must be
Only the mayor or his or her deputies and municipal officials who are empowered to establish or operate civil status records may have access to the civil registry file.
Any intervention Changing the integrity of an act of a previously registered civil status must be a timestamp.
Interconnections or exchanges of information.
This standard Simplified does not apply to systems allowing interconnection or exchange of information of the civil status, other than those provided for with the recipients defined in Article 5.
To be subject to the simplified reporting procedure for this simplified standard, the automated processing of nominative information referred to above Must relate only to objective data that is easily controllable Through the exercise of the individual right of access; not to give rise to interconnections with other automated processing of nominative information, except that resulting from Article 5, or to transmissions other than those Necessary for the fulfilment of the purposes set out in Article 2; do not contain information other than those listed in Article 3; satisfy the conditions set out in Articles 2 to 9.
This release will be published in the Official Journal of the French Republic.
For the National Computer and Liberties Commission:
The President,
A. Türk
