Key Benefits:
The Guard of Seals, Minister of Justice and Freedoms,
Vu Order of February 2, 1945 amended on delinquent childhood;
Vu le Civil code, including articles 375 et seq. ;
Considering the code of social and family action, and its articles L. 311-4 et seq. and D. 311;
Vu la Act No. 78-17 of 6 January 1978 modified on computers, files and freedoms, including article 26-I (2°) ;
Vu le Decree No. 75-96 of 18 February 1975 setting out the modalities for judicial protection for major youth;
Vu le Decree No. 2007-1573 of 6 November 2007 concerning the establishments and services of the juvenile judicial protection management;
Vu le Decree No. 2008-689 of 9 July 2008 relating to the organization of the Ministry of Justice and Freedoms, in particular its article 7 setting out the missions of the Youth Judicial Protection Directorate;
Vu le Decree No. 2010-214 of 2 March 2010 relating to the territorial jurisdiction, organization and powers of the decentralized services of the judicial protection of youth;
Vu la deliberation No. 2012-030 of 2 February 2012 opinion of the National Commission on Informatics and Freedoms,
Stop it!
The creation by the Ministry of Justice and Freedoms of an automated processing of personal data, known as the "management of activity and educational measures 2010" (Game 2010), implemented within the services of the Youth Judicial Protection Directorate.
The purpose of this treatment is to:
For educational units, public sector education services, for the local branches of youth judicial protection:
- to improve the implementation and follow-up of educational measures and sanctions and penalties imposed by the judicial authority for minors or major youth, which it entrusts to the public sector services and institutions of the judicial protection of youth in open environments and in the context of placement, and in detention (specialized juvenile correctional facilities, juveniles' quarters in arrest houses);
- to facilitate the most appropriate educational care for each person, including by making available to authorized persons the details of the educational path of minors resulting from the follow-up to the various educational structures of the public sector;
― to improve the reception in the services dedicated to the social and professional integration of minors subject to a civil or criminal court decision, as well as major minors and young people who are also entrusted to it as a partnership with public or parapublic bodies in charge of the social integration of public in great difficulty.
For all of the services referred to above, for interregional branches and the central services of the Youth Justice Protection Directorate:
― to use, for purposes of statistics and control, non-personal data and certain personal data anonymized and encrypted.
The information and data listed below may be stored in the automated processing:
1° Concerning persons:
(a) Concerning minors and their families:
For persons in care:
― minor's civil status: surname, surname, sex, date of birth, department of birth (country if born abroad), postal, telematic and telephone address, residential area of the minor (sensitive urban areas);
schooling, vocational training.
Type of school and class attended;
Schooling or schooling.
For the family environment:
for parents and legal representatives:
― surname, surname, postal, telematic and telephone address;
- the profession of parents;
Number of brothers and sisters, number of those living under the same roof;
― identity of brothers or sisters subject to judicial action and entrusted to the youth judicial protection management.
For persons with a mandate given by the legal representative of the minor:
― surname, surname, postal, telematic and telephone address;
(b) Concerning the staff of the Ministry of Justice and Freedoms:
For the staff of the educational unit in charge of the execution of the judicial decision: name and name of the staff of the educational unit in charge of the execution of the judicial decision (referrent education of the minor);
For the prescribing of the measure: jurisdiction, number of judicial offices;
For staff using Game 2010:
Name, first name, function and work quotity, and affection service.
2° Concerning judicial decisions based on care and induced activity:
(a) Decision: type of decision, legal basis, file number of the prosecutor ' s office or judge;
(b) Service and educational unit responsible for the execution of the decision;
(c) Events:
Date of commencement and end of decision, date of suspension, extension, renewal, date of decision-making by the educational service;
For placement decisions (collective, individualized or family placement), reason for absence (authorized, fugue, hospitalization, incarceration, other) and number of days of absence;
(d) Context: care taken jointly or before/after another judicial decision, entrusted to another operator (associations, social assistance for children);
(e) Educational activity led by the execution of the judicial decision:
Type of educational activity and its educational objectives;
Situation of the minor in relation to the objectives at the beginning and end of care;
Service where this activity takes place, refer to this activity;
Start date and end date of this activity, judicial decision related to this educational activity.
The data referred to in Article 2 are automatically deleted three years after the completion of the measure or educational penalty or punishment. Useful updates to the application are made in case of amnesty, rehabilitation or grace.
Users' directory data are updated in the event of a change, destroyed six months after the departure of the educational service agent or territorial management.
1° Can only access Game 2010 processing and personal data:
(a) Individually designated and specially authorized youth judicial protection personnel carrying out their duties within:
- education units, public sector education services in the youth judicial protection management;
- local youth judicial protection branches;
― neighbourhoods of juveniles of juveniles in prison houses and specialized juvenile correctional facilities.
(b) Secretariat staff specially and nominatively authorized for this purpose by educational unit officials, unit directors or educational institutions, territorial directors where these management staff delegate the tasks of seizure and consultation of the application. These delegated personnel are then referred to as "administrative references";
(c) The auditor in the interregional direction of the judicial protection of the youth responsible for auditing an educational service or unit. The listener's access to personal data is then strictly limited to the only minors entrusted to the service subject to the audit and for its duration. This person is authorized by the Interregional Director of Judicial Protection of Youth;
(d) Members of the Youth Judicial Protection Inspectorate, placed under the direct authority of the Director of Judicial Protection of Youth (Central Administration) when conducting the inspection of an institution or service, access to the nominal information that occurs within the limits of only minors followed by the educational structure inspected and for the duration of the inspection;
(e) Individually designated and specially authorized prison staff carrying out their duties in juvenile correctional facilities and juvenile quarters in prison.
The information to which these personnel have access is limited to minors in the facility at the time of the consultation:
―of which they are the educational repository, if they are educators, or the prison supervisor;
- entrusted to the educational unit or to the specialized juvenile correctional facility or to the juvenile district of which they are directors;
- entrusted to the educational unit under the educational service or the establishment of the judicial protection of the youth of which they are directors;
― entrusted to one of the units and educational institutions within the territorial branch if they are territorial directors.
The Director of Correctional Institution shall establish the authorizations for prison staff when Game 2010 is established in juvenile and juvenile facilities and shall address them to the Territorial Director of Judicial Protection of Youth.
The territorial director centralizes the authorizations of the personnel presented in this section and transmits them to the regional administrator of the application.
2° Can access the non-nominative data of the InfoGame infocentre, the staff of the Ministry of Justice and Freedoms belonging to:
- at interregional leadership;
―at the central administration of the judicial protection of youth, including the inspection of the judicial protection of the above mentioned in 1° (e) and the offices concerned with statistics and piloting (sub-direction of piloting and optimization of means);
- to officers of the sub-direction of statistics and studies at the General Secretariat;
- to officers in charge of the statistics of the Bureau of Studies and Forward-looking Affairs in the central departments of the prison administration.
3° The administrators belonging to the IT services under the authority of the Youth Judicial Protection Directorate and the General Secretariat of the Ministry of Justice and Freedoms have access only to the tools for the exploitation or management of the database and the Infocentre but not to their data.
Personal data are to be addressed:
- the magistrates and the Registry staff who assist them in the need for the treatment of the only procedures before them;
- judges of the general inspection of judicial services.
The rights of access and rectification provided to Articles 39 and 40 et seq. of the Act of 6 January 1978 referred to above is exercised for major youth and legal representatives of minors to the territorial director of the judicial protection of youth where the educational service is in charge of the execution of the judicial decision or of the action taken.
The right of opposition provided forArticle 38 of the Act of 6 January 1978 referred to above does not apply to this treatment.
Records creations, consultations and modifications of personal data in the Game 2010 application are the subject of a registration including the identifier of the intervener, the date and time of the intervention and the references of the file consulted. These data are retained for a period of three years.
The decision of 26 April 1993 to organize the automated processing of statistics of the institutions and services of the administration of the judicial protection of amended youth is repealed.
The Director of Judicial Protection of Youth of the Ministry of Justice and Freedoms is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 20 March 2012.
Michel Mercier
