Key Benefits:
Minister of Economy and Finance, Minister of the Interior, Minister of Ecology, Sustainable Development and Energy, Minister of Defence, Minister Delegate to Minister of Economy and Finance, Budget Officer, and Minister Delegate to Minister of Ecology, Sustainable Development and Energy, Minister of Transport, Sea and Fisheries,
In light of Commission Directive 2004/82/EC of 29 April 2004 on the requirement for carriers to disclose passenger data;
Vu le Code of Criminal Procedure ;
Vu le Customs Codeincluding article 67;
Considering the internal security code, including articles L. 232-1 to L. 232-6;
Vu la Act No. 78-17 of 6 January 1978 amended on computer science, files and freedoms, including article 26 (I);
Vu la Act No. 2006-64 of 23 January 2006 amended to combat terrorism and various provisions relating to security and border controls, including its article 33;
Vu le Decree No. 95-577 of 6 May 1995 relating to the national computer system of the Schengen information system;
Vu le Decree No. 2006-725 of 22 June 2006 modified to implementArticle 7 of Act No. 2006-64 of 23 January 2006 on counter-terrorism and on various security and border controls;
Vu le Decree No. 2006-1630 of 19 December 2006 taken for application ofArticle 7 of Act No. 2006-64 of 23 January 2006 and setting out the terms and conditions for transmission to the Ministry of Interior of passenger data by air carriers;
Vu le Decree No. 2010-569 of 28 May 2010 relating to the file of wanted persons;
Considering the amended decision of March 31, 2006 taken for the application of theArticle 33 of the Act of 23 January 2006 referred to above ;
In view of the opinion of the National Commission on Informatics and Freedoms of 17 January 2013,
Stop:
Pursuant to articles L. 232-1 to L. 232-6 of the Internal Security Code, the Director General of the National Police (central direction of the Border Police) is authorized to implement automated processing of personal data called SETRADER (European registration and booking data processing system) with the following purposes:
prevention, repression of illegal immigration and border control;
prevention and suppression of acts of terrorism.
A decision by the Ministry of Interior specifies the origins and destinations, located in States not belonging to the European Union, of the passengers involved in the treatment. This decision and its amendments are forwarded to the National Commission on Informatics and Freedoms.
The personal data and information relating to air passengers recorded in the treatment provided for in section 1 are as follows:
- number and type of travel document used;
nationality, name, name, date of birth, sex;
– border crossing point used to enter or exit French territory;
- transportation code (flight number and air carrier code)
- hours of departure and arrival of the transport;
- boarding and landing point;
- date of flight;
- departure and arrival of the flight;
- Expiry date of the travel document;
- status of the onboard person (member of crew, passenger having taken a flight of intake, passenger having a flight of continuation, passenger having not had a flight of intake or having a flight of continuation, passenger having had a flight of intake and having a flight of continuation);
- number, weight and identification of baggage;
- seat number;
- State or organization issuing the travel document;
― a reference code for the passenger file;
― mention "known" or "unknown" to the file of the wanted persons as well as in the Schengen information system;
– total number of persons transported in the aircraft.
Within the limits of the need to know, only have access to the data and information recorded in the processing the agents of the services mentioned in the annex, individually designated and specially authorized by their chief of service.
The personal data and information referred to in Article 2 shall be retained for five years from the date of registration, with the exception of the reference "known" or "unknown" to the file of the wanted persons as well as in the Schengen information system, which is retained for only 24 hours.
As part of the prevention and suppression of illegal immigration and border control, this data can only be accessed within 24 hours of their transmission.
Consultations are the subject of a registration including the consultant ID, the date, time and nature of the consultation. Consultation information is maintained for five years.
I. - In accordance with last paragraph of Article 41 of the Law of 6 January 1978 referred to above, the rights to access and rectification of the data referred to in section 2 are exercised directly with the central police department at the borders of the Ministry of Interior. By exception, these rights are exercised with the National Commission of Computer Science and Freedoms for the mention "known" or "unknown" to the file of the wanted persons as well as in the Schengen information system.
II. - The right of opposition under section 38 of the Act does not apply to this treatment.
This Order is applicable throughout the territory of the Republic.
The Director General of the National Police, the Director General of the National Gendarmerie, the Police Prefect, the Director General of Customs and Indirect Rights, the Director General of Civil Aviation and the heads of the intelligence services of the Ministry of Defence are responsible, each with regard to the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E
SERVICES ON THE STAFF ACCESS TO PERSONAL DATA
AND INFORMATION IN THE WORK
I. ― As part of improving border control and preventing and suppressing illegal immigration:
1° Services below, whose officers are individually designated and specially authorized by the Director General of the National Police:
- central services of the central police department at the border;
– Police directions at the borders of Roissy, Bourget and Orly airports;
– zonal and territorial branches of the police at the border;
2° The following service, whose officers are individually designated and specially authorized by the police prefect:
- sub-direction responsible for the fight against irregular immigration and the illegal work of foreigners in the intelligence department of the police prefecture;
3° Technical Service for judicial research and documentation, whose officers are individually designated and specially authorized by the Director General of the National Gendarmerie;
4° Territorial services of the Department of Budget for the Control of Immigrants, whose officers are individually designated and specially authorized by the Regional Director of Customs and Indirect Rights or, where applicable, by the Director General of Customs and Indirect Rights.
II. - Prevention and suppression of acts of terrorism:
1° Services below, whose officers are individually designated and specially authorized by the Director General of the National Police:
- unit for the coordination of counter-terrorism;
- central services specifically responsible for the prevention and suppression of acts of terrorism of the Central Directorate of Internal Intelligence;
- counter-terrorism sub-direction of the central judicial police leadership;
- Central Office for Combating Organized Crime;
- Central Office for the Suppression of Large Financial Crime;
― Central Office for the Suppression of Unlawful Immigration and Employment of Foreigners;
- Central Office for Combating Crime in Information and Communication Technologies;
2° Services below, whose officers are individually designated and specially authorized by the police prefect:
- sub-direction responsible for the fight against terrorism and violent extremisms of the intelligence management of the police prefecture;
- sub-direction of the central brigades of the regional management of the judicial police of Paris;
3° The following services, which are individually designated and specially authorized by the Director General of the National Gendarmerie:
technical service of judicial research and documentation;
― Central Office for Combating Environmental and Public Health Abuse;
– Research sections of the Air Transport Gendarmerie and the Air Gendarmerie;
- Anti-terrorism office of the judicial police sub-direction;
4° The following services are responsible for the safety of international transport, whose officers are individually designated and specially authorized by the Head of National Customs Intelligence and Investigations Directorate or the Regional Director of Customs and Indirect Rights or, where appropriate, by the Director General of Customs and Indirect Rights:
- National Customs Intelligence and Investigation Directorate (Customs Intelligence Branch);
territorial services directly responsible for the safety of international transport.
5° Intelligence services of the Ministry of Defence, whose officers are individually designated and specially authorized by the directors of these services, for the sole purpose of preventing acts of terrorism and within the limits of the need to know them.
Done on 11 April 2013.
The Minister of the Interior,
Manuel Valls
Minister of Economy and Finance,
Pierre Moscovici
The Minister of Ecology,
Sustainable Development
and energy,
Delphine Batho
Minister of Defence,
Jean-Yves Le Drian
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Bernard Cazeneuve
Minister Delegate
to the Minister of Ecology,
sustainable development and energy,
Transport Officer
of the sea and fishing,
Frédéric Cuvillier
