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Decree No. 2008-632 Of 27 June 2008 Establishing An Automated Processing Of Personal Data As' Edvige "

Original Language Title: Décret n° 2008-632 du 27 juin 2008 portant création d'un traitement automatisé de données à caractère personnel dénommé « EDVIGE »

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Summary

Application of Art. 26 (I-III) of Law 78-17.
Text totally repealed.

Keywords

INFORMAL , INFORMAL , AUTOMATIC , INFORMAL , DONESS , DENOMINATION , EDVIGATION , DOCUMENTAL EXPLOITATION AND VALORIZATION OF GENERAL INFORMATION , IMPLEMENTATION

Subsequent links




JORF n°0152 of 1 July 2008
text No. 3



Decree No. 2008-632 of 27 June 2008 creating an automated processing of personal data called "EDVIGE"

NOR: IOCC0815681D ELI: https://www.legifrance.gouv.fr/eli/decret/2008/6/27/IOCC0815681D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2008/6/27/2008-632/jo/texte


The Prime Minister,
On the report of the Minister of Interior, Overseas and Territorial Communities,
Vu le Code of Criminal Procedureincluding article 777-3;
Vu la Act No. 78-17 of 6 January 1978 amended on information and communication technology, files and freedoms, including article 26 (I-III);
Vu le Decree No. 85-1057 of 2 October 1985 amended on the organization of the central administration of the Ministry of Interior and Decentralization, including Article 12;
Vu le Decree No. 2007-914 of 15 May 2007 taken for application of I of Article 30 of Law No. 78-17 of 6 January 1978 related to computing, files and freedoms;
Having regard to the opinion of the National Commission on Informatics and Freedoms of 16 June 2008;
The State Council (inland section) heard,
Decrete:

Article 1 Learn more about this article...


The Minister of the Interior is authorized to implement automated processing and personal data files entitled EDVIGE (Documentary and general information valuation) with the purpose of informing the Government and representatives of the State in the departments and communities:
1. To centralize and analyze information relating to natural or legal persons who have sought, exercised or exercised a political, trade union or economic mandate or have a significant institutional, economic, social or religious role, provided that such information is necessary for the Government or its representatives to exercise their responsibilities;
2. To centralize and analyze information relating to individuals, groups, organizations and legal entities that, because of their individual or collective activity, are likely to affect public order;
3. To allow the police to carry out the administrative investigations entrusted to them under the laws and regulations, to determine whether the behaviour of interested natural or legal persons is consistent with the performance of the duties or missions envisaged.

Article 2 Learn more about this article...


In accordance with provisions of Article 6 of the Act of 6 January 1978 referred to above, and to the strict extent that they are necessary for the continuation of the purposes referred to in Article 1 of this Decree, the categories of personal data recorded in the treatment referred to in Article 1 and concerning natural persons aged thirteen years and older are:
information relating to civil status and profession;
physical addresses, telephone numbers and e-mail addresses;
- specific physical signs and objectives, photographs and behaviour;
identity documents;
- registration of vehicles;
- tax and heritage information;
- travel and judicial history;
- reason for recording data;
― data relating to the environment of the person, including those maintaining or maintaining direct and non-formal relationships with the person.
The data collected under Article 1 of this Decree may not relate to the behaviour or displacement of persons.
The processing may record personal data of the nature of those mentioned in theArticle 8 of the Act of 6 January 1978 referred to above. Such data, other than those relating to political, philosophical or religious opinions, or to trade union membership, may only be recorded as the purpose of Article 1 in an exceptional manner. It is forbidden to select a particular category of people from these only information.
The treatment does not have a facial recognition device from the photograph.
Data concerning minors aged sixteen may be recorded only to the extent that they, because of their individual or collective activity, are liable to infringe public order.
The data collected for the sole purpose of an administrative investigation may be retained for a maximum of five years from the date of registration or termination of the functions or missions under which the investigation was conducted.

Article 3 Learn more about this article...


Within the limits of the need to know, are allowed to access the information referred to in Article 2:
- officials under the general information sub-direction of the central public security management, individually designated and specially authorized by the central director of public security;
- officials assigned to the general information services of the departmental branches of public security or, in Paris, of the police prefecture, individually designated and specially authorized by the departmental director or, in Paris, by the police prefecture.
May also be consigned to the data referred to in Article 2, within the limits of the need to know, any other officer of a national police service or national gendarmerie, upon express request, under the stamp of the hierarchical authority, who specifies the identity of the consultant, the object and grounds of the consultation.

Article 4 Learn more about this article...


The processing and files are not subject to any interconnection, no reconciliation or any form of connection with other treatments or files.

Article 5 Learn more about this article...


In accordance with the provisions set out inArticle 41 of the Act of 6 January 1978 referred to above, the right to access data is exercised with the National Commission for Information and Freedoms.
The right of information provided for in I of section 32 and the right of opposition section 38 of the Act does not apply to this treatment.

Article 6 Learn more about this article...


Without prejudice to the application ofArticle 44 of the Act of 6 January 1978 referred to above, the Director General of the National Police reports annually to the National Commission on Informatics and Freedoms on its activities to verify, update and delete information recorded in the processing.

Article 7 Learn more about this article...


This decree is applicable throughout the territory of the Republic.

Article 8 Learn more about this article...

This Order comes into force on the day of the coming into force of Decree No. 2008-631 of 27 June 2008 Amending Decree No. 91-1051 of 14 October 1991 on files managed by the General Information Services and Decree No. 2007-914 of 15 May 2007 adopted for the application of Article 30 of Law No. 78-17 of 6 January 1978.

Article 9 Learn more about this article...


The Minister of Interior, Overseas and Territorial Communities is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, June 27, 2008.


François Fillon


By the Prime Minister:


The Minister of the Interior,

the overseas and territorial authorities,

Michèle Alliot-Marie


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