Key Benefits:
The National Commission for Computer Science and Freedoms,
See?Article 88-3 of the Constitution of 4 October 1958 modified;
Having regard to Council of Europe Convention No. 108 of 28 January 1981 for the protection of persons with regard to the automated processing of personal data;
Considering 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 the free flow of such data;
Considering the electoral code, including articles L. 9 to L. 40 and L. 227-1 to 227-5;
Seen together Act No. 77-729 of 7 July 1977 amended on the election of representatives to the European Parliament and the Decree No. 79-160 of 28 February 1979 amended to implement the above-mentioned law;
Vu la Act No. 78-17 of 6 January 1978 related to computing, files and freedoms, as amended by Act No. 2004-801 of 6 August 2004 relating to the protection of natural persons in respect of personal data processing, including Article 24-II;
In conjunction with Organic Law No. 98-404 of 25 May 1998 defining the conditions for the application of Article 88-3 of the Constitution relating to the exercise by citizens of the European Union residing in France, other than French nationals, of the right to vote and eligibility in municipal elections and Decree No. 98-1110 of 8 December 1998 amending the electoral code and relating to the exercise by citizens of the European Union residing in France, other than French nationals, of the right to vote and to vote in municipal elections;
Vu le Decree No. 2005-1309 of 20 October 2005 taken for application of Act No. 78-17 of 6 January 1978 related to computing, files and freedoms, modified by Decree No. 2007-451 of 25 March 2007 ;
Considering together the deliberations n° 81-103 of 15 September 1981 modified concerning the automated processing of nominative information relating to the management of the electoral file of the communes (simplified number 24), n° 87-119 of 1 December 1987 relating to the automated processing of nominative information implemented by the communes whose population does not exceed 2,000 inhabitants for the management of their population (simplified number 32) and n° 94-027
Considering the inter-ministerial instruction of 5 January 2004 concerning the processing and preservation of records relating to political elections after 1945;
After hearing Mr. Jean-Marie Cotteret, Commissioner, in his report and Ms. Pascale Compagnie, Commissioner of the Government, in his comments,
Makes the following observations:
The electoral file of a commune includes the list of electors on which French citizens are listed and the supplementary lists of electors on which nationals of a Member State of the European Union other than France are called to participate in the election of representatives of France to the European Parliament or to that of municipal councillors and members of the council of Paris.
The processing of personal data relating to the management of the electoral file of municipalities that do not appear to be likely to affect the privacy or freedoms of persons in the course of their regular use, the Commission therefore considers that the provisions of section 24-II of the amended Act of 6 January 1978 should be applied and that such treatments should be dispensed with any pre-reported formality.
The Committee recalls on this occasion that statements have already been exempted:
― political communication files made from the only information on the lists of electors, since a judgement of 17 October 1994 of the Court of Grand Instance of Paris;
― municipal information and communication files made from the electoral lists when they meet all the conditions laid down by the declaration dispensation No. 7, adopted by the deliberation No. 2006-138 of 9 May 2006 of the Commission.
The Commission also recalls that all sorts and selections from information on the electoral lists cannot be carried out under the same conditions:
― no legal provision prohibits the selection of electors on the age or address of electors: it is therefore possible to address specific populations (young, elderly, residents of a neighbourhood...), determined from these criteria;
―in view of the risks of discrimination they involve, the tries on the consonance of the names, which may reveal the actual or supposed racial, ethnic or religious origins, are prohibited (art. 226-19 Criminal Code)
― the Commission finally considers that the tries at the place of birth of electors are not justified in terms of the principle of purpose: in fact, this information is only on the lists of electors to ensure the identity of the elector and to avoid fraud during the election,
Decides:
Reporting the personal data processing for the management of the electoral file of municipalities that meet the following conditions.
Treatment finishes.
The salaries concerned must have for the sole purpose the establishment and updating of the lists of electors, as well as the issuance of any documents necessary for the execution of the electoral operations referred to in this deliberation (election lists, voter map, voter registration lists, propaganda mailing, proxy processing, etc.) under the conditions prescribed by the electoral code and the special laws that govern them.
Data processed.
The personal data collected and processed for the purposes described in section 2 are those set out in the electoral code and the special laws and regulations applicable to the electoral operations referred to in this deliberation.
They are particularly relevant to the identity of the persons concerned (names, names, sex, date and place of birth), their personal contact information (address, telephone, e-mail address), the nature and date of their registration on the lists of electors and the supporting documents submitted in support of their application for registration, as well as to their participation in the ballots concerned and its terms (voting place, number of the polling station, order number).
It is also collected and treated, in accordance with the above-mentioned texts, nationality and the absence of electoral incapacity in the State of which they are nationals with regard to nationals of a Member State of the European Union other than France registered on at least a supplementary electoral list.
Recipients of the data.
The data processed can only be communicated to the organizations and persons determined by the electoral code, the special laws governing the electoral operations referred to in this deliberation and their texts of application, and under the conditions laid down by these texts.
In accordance with the special legislative and regulatory provisions governing elections to the European Parliament, the identity of their nationals on a supplementary list is communicated to the other Member States of the European Union.
Conservation time.
The personal data processed must be retained in accordance with the provisions of the electoral code and the special laws governing the intended electoral operations; in any event, they cannot be retained beyond the administrative usefulness of these documents, which is fixed to three years by the intended interdepartmental instruction.
Information and consent of the persons concerned.
When applying for registration on the lists of electors, applicants are informed by any appropriate means (posts, information mentions, platelets on a separate basis...) of the identity of the controller (mairie de...), of the purposes pursued by the processing (management of the list of electors and/or the supplementary electoral list, management of electoral transactions), of the mandatory or optional nature of the collection of these data and the existence of their rights
Security.
The processing officer is required to take all appropriate precautions to preserve data security, including to prevent deformation, damage, or access by unauthorized third parties.
Access to treatment is made by means of a regularly renewed individual password or by any other device at least equivalent.
Any recourse to a subcontractor must be made in accordance with provisions of Article 35 of the Law of 6 January 1978 amended.
Data transmissions to third countries to the European Union.
The automatic processing of personal data to third countries in the European Union cannot be claimed for the benefit of the exemption, including when the transmission is carried out for purposes of subcontracting. These treatments are the subject of pre-reporting formalities with CNIL under the conditions prescribed by the Law of 6 January 1978 amended.
Effects of the declaration waiver.
Treatments that meet the requirements of sections 2 to 8 above may be implemented without delay and without prior declaration from CNIL.
The waiver of declaration does not exempt the person responsible for these treatments from any of its other obligations under the texts applicable to the protection of personal data.
Simplified standards No. 24 and 38, respectively established by deliberations No. 81-103 of 15 September 1981 and No. 94-027 of 26 April 1994, are repealed; 2° of Article 2 and the word "elector" in 1 of Article 3 of Simplified Standard No. 32, established by deliberation No. 87-119 of 1 December 1987, are deleted.
This deliberation will be published in the Official Journal of the French Republic.
The president,
A. Türk
