Key Benefits:
The Prime Minister,
On the report of the Minister of Immigration, Integration, National Identity and Co-development,
Considering the Code of Entry and Residence of Aliens and the Right of Asylum, including Articles L. 611-3, second paragraph, and L. 611-5;
Vu la Act No. 78-17 of 6 January 1978 modified on computers, files and freedoms;
Considering the opinion of the National Commission on Informatics and Freedoms of 24 May 2007;
The State Council (inland section) heard,
Decrete:
The single chapter of title I of Book VI of the regulatory part of the Code of Entry and Residence of Aliens and the Right of Asylum is thus amended:
1° Section 4 becomes section 5;
2° Articles R. 611-25 and R. 611-26, respectively, become articles R. 611-35 and R. 611-36;
3° After section 3, a section 4 is inserted as follows:
“Section 4
“Automatic processing of personal data
relating to aliens subject to a distance measure
"Art.R. 611-25.-Est authorized the creation, on the basis of Article L. 611-3, of an automated processing of personal data called ELOI, under the Ministry of Immigration.
"This treatment is for purposes:
“(a) To allow the monitoring and implementation of the distance measures set out in Book V by the management of the various stages of the procedure;
“(b) To establish statistics on these measures and their implementation.
"Art.R. 611-26.-Sont recorded in the ELOI processing personal data relating to foreign nationals subject to a removal measure listed in Appendix 6-7.
"The treatment does not have a facial recognition device from the photograph.
"Art.R. 611-27.-The data referred to in Article R. 611-26 are recorded:
« 1° With respect to the removal measures provided for in sections L. 511-1, L. 531-1 and L. 531-3, effective the delivery of the measure by the competent authority;
« 2° With respect to expulsion orders, from the date of the summons of the alien to the commission under Article L. 522-1 or, if the consultation of that body is not required due to an absolute emergency, from the date of the signature of the order;
« 3° With regard to the judicial prohibitions of the territory, from the reception of the requisitions of the public prosecutor for the purpose of carrying out the prohibition.
"Art.R. 611-28.-The data referred to in Article R. 611-26 shall be deleted three months after the date of effective removal. However, the data referred to in 1° to 10° of A, B, 1° and 2° of C and 10° of the F of Annex 6-7 may be retained until the expiry of a period of three years running from the same date.
"If the period of three months and three years referred to in the preceding paragraph is not carried out after an administrative detention has been terminated, the periods of three months and three years shall run from the date on which the detention was terminated, unless the alien is subjected, by application of Article L. 624-2 or Article L. 624-3, to a prohibition of the French territory.
"The data relating to the obligations to leave French territory and to the deportation orders that did not result in any enforcement action are erased three years after the date the decision was signed.
"Art.R. 611-29.- Notwithstanding the provisions of Article R. 611-28, the related personal data shall not be retained:
« 1° Procedures under Article L. 522-1 which, after consultation with the competent commission, did not give rise to the signature of an expulsion order;
« 2° The administrative measures of removal that have been the subject of either a contentious cancellation that has become final, or a withdrawal, or an express repeal, or an implicit repeal resulting from the issuance of a residence permit;
« 3° Obligations to leave French territory and deportation orders on the border for which the administration is aware of the voluntary departure of the person concerned;
« 4° The judicial prohibitions of the territory that have ceased to have effect because of either the expiry of the prohibition period or a recovery decision.
"Art.R. 611-30.-When the foreigner is subject to a house arrest, the name, first name and address of the person hosting the foreigner is registered in the ELOI treatment. These data must be deleted no later than three months after the end of the residential assignment.
"Art.R. 611-31. - Its recipients of personal data recorded in the ELOI processing, for the exclusive needs of the missions related to the removal procedures entrusted to them:
« 1° Officers of the central departments of the Ministry of the Interior (Direction of Public Freedoms and Legal Affairs, Central Police Directorate at Borders and Central Directorate of Public Security) individually designated and specially authorized, as the case may be, by the Director of Public Liberties and Legal Affairs, the Central Police Director at Borders or the Central Director of Public Security;
« 2° Prefectural officers in charge of the management of the removal procedure individually designated and specially authorized by the prefect or, in Paris, by the police prefect;
« 3° National police and gendarmerie officers responsible for the management of administrative detention facilities and the execution of removal measures, individually designated and specially authorized, as the case may be, by the departmental director of public security, the departmental director of the border police or the commander of the departmental gendarmerie group or, in Paris, by the director of public order and traffic, the director of the urban police
"Each officer has access only to the information required in respect of his or her powers in the conduct of removal procedures.
"Art.R. 611-32.-The rights of access and rectification provided for in Articles 39 and 40 of the Act of 6 January 1978 related to computer science, files and freedoms are exercised with the prefect in charge of managing the distance folder.
"Art.R. 611-33.-The right of opposition under section 38 of the Act does not apply to the ELOI treatment.
"Art.R. 611-34. - Personal data recorded in the ELOI processing cannot be interconnected, interconnected or reconciled with any other automated personal data processing. »
4° After Annex 6-6, an Annex 6-7 is inserted as follows:
The Minister of the Interior, Overseas and Territorial Communities, the Minister of Immigration, Integration, National Identity and Co-development and the Minister of Defence are responsible, each with respect to him, for the execution of this Order, which will be published in the Official Journal of the French Republic.
« A N N E X E 6-7
referred to in R. 611-26
"LIST OF DATA TO PERSONAL FEATURES RELATING TO A SUSTAINING THE OBJECT OF A SUSCEPTIBLES ELOTHING MEASUREMENT IN ELOI
"A. ― Foreign data subject to the distance measure:
« 1° Name and first names ;
« 2° Sex ;
« 3° National identification number referred to in 2° of Article D. 611-2;
"4° Date and place of birth;
« 5° Nationality ;
"6° Name and surnames of the father and mother;
« 7° Name, first name and date of birth of children;
"8° Identity photography;
« 9° Possible Alias;
"10° Type and number, date and place of issue and validity of the identity document;
"11° Languages spoken;
« 12° The need for special monitoring in public order.
"B. ― Data related to distance measurement:
« 1° Reason for interpellation (infring the laws of foreigners or other offences);
« 2° Nature of the measure (prefectural order of deportation to the border, obligation to leave the French territory, prefectural or ministerial order of expulsion, decision to hand over to the authorities of another Member State of the European Union, judicial ban of the territory); date and number; authority having pronounced the measure; provision applied;
« 3° For administrative measures, date and time of notification;
« 4° For expulsion orders, date of the expulsion commission meeting, authority notifying the measure;
« 5° For decisions to hand over to the authorities of another Member State of the European Union, date of application, requested State, type of readmission, opinion of the requested State;
« 6° For judicial prohibitions of the territory, date of requisition for enforcement purposes;
« 7° Prefecture in charge of the execution of the distance measurement.
"C. ― Data relating to jurisdictional procedures implemented in the context of distance:
« 1° Subtraction at the execution of a distance measure (place, date and time of the minutes of the report recognizing the will to subtract, police service in charge of the procedure, procedure of information of the prosecutor, action taken by the judicial authorities);
« 2° Litigation (type of appeal, jurisdiction, date and time of appeal, date and time of hearing, decision);
« 3° Submission to the Justice of Freedoms and Detention for the purpose of extending administrative detention (request for extension, date, time and place of presentation, address of the Registry of the competent court);
« 4° Decision of the Justice of Freedoms and Detention (extension of detention, refusal of extension, house arrest, date and time of order);
« 5° Conditions of residential assignment (place of assignment, place and frequency of checks, date of end of assignment, prefecture in charge of follow-up);
« 6° Appeal procedure (authority or person responsible for the appeal, date and time of application, date and time of hearing, decision);
« 7° Refusal of identification of foreign nationals (date, time and place of refusal, competent police and prosecutor's office, date of presentation to the public prosecutor's office, date and place of presentation to the court of large instance, court decision);
« 8° Failure to comply with a house arrest (date and time of the minutes of deficiency, date and time of last check, prosecutor's information procedure).
"D. ― Data relating to aliens subject to a distance measure while detained:
« 1° Lock number;
« 2° Pretrial detention or a conviction;
« 3° Start date and end of sentence;
"4° Sentencing (motif, length of sentence)
"5° Transfer from abroad (date, time and destination institution).
"E. ― Administrative Detention Data:
« 1° Registry number corresponding to the file of the alien detained;
« 2° Date and time of notification of rights;
« 3° Placement of a room and bed;
"4° Baggage placed in delivery (registration and delivery number, details and baggage status, baggage return date);
« 5° Goods placed in the safe (registration and safe number, list of objects of value and objects excluded, date of filing and restitution);
« 6° Objects left at the disposal of the detainee;
« 7° Money movements (registration number, cash details, date and time of withdrawal and deposit of funds);
"8° Report of incidents at the centre or at the detention facility (date, time, circumstances).
"F. ― Data relating to the administrative and operational management of the distance:
« 1° Placement in administrative detention (date and time of delivery and notification of prefectoral detention order, place of detention, date and time of commencement and termination of detention, date and time of transfer from administrative detention to another place of detention);
« 2° Prefectural or ministerial order of house arrest (date and time of notification of the order, place of house arrest, frequency and place of controls to ensure respect for house arrest);
« 3° Application for asylum (date and time of filing of the application, possibly summoned by the OFPRA, Agency decision and date of notification of the decision);
"4° Hospitalization (date and time of admission, hospital contact details, date and time of exit);
« 5° Medical experts (date and time of expertise, location of expertise, action taken at the end of the expertise);
« 6° Transfer escorts (movement number, type of exit and escort, object of mission, date and expected and effective departure and arrival times, departure and arrival cities, requested service, identity of officials composing the escort, means of transport used);
« 7° Reservation of the means of international transport (retention place, destination state, means of transport requested, distance measure concerned, enforceable character of the measure, possible dates of the distance, transport service to the place of boarding, foreigner likely to be denied boarding or having already been subject to judicial proceedings as such, necessitated to provide for an escort, accompanied by an escort
« 8° Release of detained foreign nationals (author of the act, date and time, cause of release);
« 9° Effective clearance (place, date and time of departure, means of transport and company used, transits, city and country of destination, presence of an escort);
"10° Application for consular laissez-passer (with seizure, date of application for identification or consular presentation, date and time of submission to consular authorities, types of identity documents provided, consulate response and possible payment of chancery fees). »
Done in Paris, December 26, 2007.
François Fillon
By the Prime Minister:
The Minister of Immigration,
integration, national identity
and co-development,
Brice Hortefeux
The Minister of the Interior,
the overseas and territorial authorities,
Michèle Alliot-Marie
Minister of Defence,
Hervé Morin
