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Deliberation No. 2008-074 18 March 2008 Opinion On A Draft Decree In Council Of State Establishing, On An Experimental Basis, To Automated Processing Of Personal Data Relating To The Entry And Exit Of The Ress...

Original Language Title: Délibération n° 2008-074 du 18 mars 2008 portant avis sur un projet de décret en Conseil d'Etat portant création, à titre expérimental, d'un traitement automatisé de données à caractère personnel relatif à l'entrée et la sortie des ress...

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JORF n°0105 of 6 May 2009
text No. 119



Deliberation No. 2008-074 of 18 March 2008 on a draft decree in the Council of State establishing, on an experimental basis, an automated processing of personal data relating to the entry and exit of foreign nationals in the short stay in La Réunion and amending the code of entry and stay of aliens and the right to asylum

NOR: CNIX0910207X ELI: Not available


The National Commission for Computer Science and Freedoms,
Seizure for advice by the Ministry of Immigration, Integration, National Identity and Co-development on 11 July 2007 of a draft decree in the Council of State establishing, on an experimental basis, an automated processing of personal data relating to the entry and exit of foreign nationals in the short stay in La Réunion and amending the code of entry and residence of foreigners and the right of asylum;
Considering the Council of Europe Convention No. 108 for the Protection of Persons with regard to the automated processing of personal data;
Considering Directive No. 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 movement of such data;
Vu la Act No. 78-17 of 6 January 1978 relating to computer science, files and freedoms, as amended by Act No. 2004-801 of 6 August 2004 on the protection of natural persons with regard to personal data processing, including its article 26 ;
Vu le Decree No. 2005-1309 of 20 October 2005 adopted for the application of Act No. 78-17 of 6 January 1978 on computers, files and freedoms, as amended by Decree No. 2007-401 of 25 March 2007;
Considering the code of entry and residence of foreigners and the right to asylum, including its Articles L. 211-1, L. 611-3 and L. 611-5 ;
In light of Act No. 2006-64 of 23 January 2006 on counter-terrorism and on various provisions relating to security and border controls, including its article 7 ;
After hearing Mr. Jean-Marie Cotteret, Commissioner, in his report and Ms. Pascale Compagnie, Commissioner of the Government, in his comments,
Provides the following notice:
The commission was seized, on the basis of Article 26 of the law of 6 January 1978, as amended by the law of 6 August 2004, by the Ministry of Immigration, Integration, National Identity and Co-development, of a draft decree in the Council of State establishing, on an experimental basis, a processing of personal data relating to the entry and exit of foreign nationals in the short stay in La Réunion,
This project is a continuation of the measures taken since 2003 as part of the anti-illegal immigration policy.
Thus, the creation of "GIDESE" is intended to verify the date of the release of foreign nationals who regularly entered the island of La Réunion, the ministry stating that the choice of the island of La Réunion as an experimental site is linked to both the geographical characteristics of its territory and the nature of the illegal immigration to which it is confronted. Indeed, the majority of foreigners in an irregular situation have entered the island regularly, on which they then remain illegally.
Also, the purposes of this treatment are:
"control the conformity of the effective length of stay with respect to the authorized length of stay for foreigners with a short-term visa and for foreigners allowed to enter the Meeting in a visa exemption for a specified period, with the exception of nationals of the Member States of the European Union, other parties to the European Economic Area and the Swiss Confederation;
― "to note the continuation of the foreigner in the territory of La Réunion beyond the authorized period, in contravention of the legislation and regulations in force on the entry and residence of aliens;
― "to trigger the search for the foreigner to initiate the procedure of re-appointment at the border. »
This treatment is based on the creation of a file that will be fed on the occasion of cross-border controls at the three points of entry of the island. Some of the data will be automatically recorded by the optical reading of the travel documents while others would be manually entered by the control agents.



On the legal basis of treatment:
The Commission considers that the said processing is based on the provisions of Article 7-I of Act No. 2006-64 of 23 January 2006, which states that "in order to improve border control and to combat illegal immigration, the Minister of the Interior is authorized to carry out automated personal data processing, collected on the occasion of international travel from or to non-EU states, I of Article 8 of Law No. 78-17 of 6 January 1978 relating to information, files and freedoms [...] collected from the optical reading strip of travel documents, the national identity card and the visas of passengers of air, sea or rail carriers", which treatments must be subject to a decree in the Council of State, taken after notice of the Commission.
On the purposes of treatment and the objectives of experimentation:
As part of the fight against clandestine immigration, the purpose of this treatment is to control the conformity of the duration of the stay effective to the duration of the stay allowed. This innovation justifies its implementation being tested.
The Commission takes note of the fact that the experiment will be circumscribed in the Department of the Meeting, taking into account its geographical characteristics.
It notes that the treatment will be evaluated after the three years of experimentation and wishes to be made recipient of its findings.
Data processed:
The data recorded in the treatment are the number and type of travel document used, the name, the name, the name, the nationality, the date of birth, the digitized photograph of the face, the date of entry in the department, the duration of the stay allowed, the expected date of release, the effective date of exit, the country of birth, the profession, the address during the stay in the department, the phone number of the child registered,
Without prejudice to the appreciation it may bring to the end of the experimentation phase on the relevance of the collected data, the Panel takes note of the above list. However, it considers that the term "planned release date", referred to in article 1 of the draft decree, could be replaced by the words "date to which the stay must have ended".
Finally, the commission notes that the treatment does not include a facial recognition device from the digitized image of the photograph.
On shelf life:
With respect to the situation of foreign nationals who have regularly left the national territory, the ministry considers that it is not possible to consider a shelf life of less than one year. To do so, he argues that the total length of stay allowed is defined by reference to a period of one year, whether it is foreigners with multiple-entry visas, those with a border regularization regime or those who are exempted from a visa.
The Commission takes note of these elements of explanation and considers it relevant to the retention period, with respect to nationals of countries under one of the regimes referred to above.
In all other cases, it considers it necessary to make an immediate deletion of the data recorded in the treatment at the date of release of the persons having complied with the duration of the authorized stay.
With regard to the situation of foreign nationals who have been illegally held in the national territory, the Ministry argues that a period of three years is necessary to allow the police to detect an irregular residence situation, to undertake research and to interpellate the person concerned with the execution of a removal measure. This shelf life does not call any particular observation.
On the recipients:
Only officials of the Departmental Police Directorate at the borders of the Roland-Garros and Pierrefonds airports, responsible for border control and the fight against illegal immigration, individually designated and specially authorized by the Departmental Police Director at the La Réunion borders, would be recipients of the data retained in the "GIDESE" treatment. The same would be true for customs officers at the Port Réunion Maritime Station, responsible for border control and the fight against illegal immigration, individually designated and specially authorized by the Regional Customs Director of La Réunion.
Accordingly, the Commission notes that these provisions are in accordance with its usual requirements.
On security:
The Commission considers that the security measures defined by the department as part of the implementation of the experiment are satisfactory with respect to the provisions of theArticle 34 of the Act of 6 January 1978 amended.
On the rights of persons:
The Commission acknowledges that it is intended to provide a notice of information to persons affected by the processing and that the right of access and rectification provided by the persons concerned Articles 39 and 40 of the Act of 6 January 1978, amended by the law of 6 January 2004, would be exercised with the departmental director of the border police.


The president,

A. Türk


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