Key Benefits:
La Commission nationale de l' informatique et des libertés,
Seizure by the Ministry of Economy and Finance of a request for an opinion on a draft decree authorising the creation of a processing of personal data with a view to Purpose of the video surveillance of the premises housing the protected area of the service of the defence official placed with the Minister for Economic Affairs and Finance;
In view of the Council of Europe Convention No 108 for the Protection of Persons to The automated processing of personal data;
Given the Directive 95 /46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and the free movement of such data;
Seen Law n ° 78-17 of January 6, 1978 as amended relating to computers, files and freedoms, including its article 26-l (1 °);
Seen Order No. 2005-1309 of October 20, 2005 Modified for the application of Law n ° 78-17 of 6 January 1978 relating to computers, files and freedoms;
In view of the decree of 30 November 2011 on Approval of the interdepartmental general inquiry n ° 1300 on the protection of the secrecy of national defence;
After hearing Mr Emmanuel de GIVRY, Commissioner, in his report and Mr Jean-Alexandre SILVY, Commissioner of the Government, in his report His observations,
Emet the following opinion:The
Commission on Informatics and Liberties was seized for an opinion on 11 October 2012 by the Ministry of Economy and Finance of a draft decree authorising the processing of personal data relating to Video surveillance of the premises housing the protected area of the service of the defence official placed with the Ministry of Economy and Finance.
The digital video surveillance system filming spaces not open to the public in The premises of the senior defence and security officer shall constitute treatment Automatic of personal data, within the meaning of the law of 6 January 1978, as amended.
It is appropriate to apply the provisions of Article 26-I (1 °) of the amended Act of 6 January 1978, which subject to authorisation, by order Ministerial opinion, reasoned and published, of the National Commission on Informatics and Freedoms, the processing of personal data implemented on behalf of the State and relevant to the security of the State, the defence or the Public security.
On the Purpose of Processing
The draft order specifies that the senior defence and security officer placed with the Minister of Economy and Finance occupies an area
Ledit building is not accessible to the public and is protected, in addition to the intended video surveillance device, by physical security devices designed to limit the risk of intrusion and intrusion by a person not Authorised.
The purpose of the device is to protect the premises where Information or media of a secret nature of the national defence.
The Commission takes note that the cameras of the device will be oriented towards the entry and exit points of the protected part and will not film the way
The Commission takes note that the device does not include any automated facial recognition system from the images collected or the captation of the sound.
In view of the guarantees , the Committee considers that the intended purpose is determined, explicit and Legitimate.
On Data Retention Period
Digital visual records are kept for a period of one month and are automatically deleted after that period if they have not been Transmission to the judicial authority.
The Commission considers that this period is in conformity with Article 6 (5) of the law of 6 January 1978 as amended.
On addressees of the data
Consultation of the images is not carried out After the alarm system has been activated, independent of the Video surveillance. Thus, in the event of an intrusion or an offence, the images are consulted to identify the person whose presence and actions have caused the alarm to be triggered.
Article 3 of the draft decree states that only access to the data is available. Personal character, according to their respective responsibilities and the need to know, the head security of the place and the IT manager of the service. This article does not call for comment from the Commission.
On the information of persons
The information of the persons concerned by the implementation of the video surveillance device is carried out with the agents At the time of their assignment to the premises registered in protected area.
In any event, the individual information of the persons must contain the purposes pursued by the device and the procedures for exercising the rights of access and Rectification of the persons concerned. This information must also be made visible by all persons entering the video area.
On rights of access, rectification and opposition of persons
Rights of access and rectification provided for in Articles 39 and 40 of the Act of 6 January 1978, as amended, shall be exercised directly with the controller, namely the senior defence and security officer, pursuant to the last paragraph of Section 41 of the said Act.
The right of opposition does not apply to In accordance with the last paragraph of section 38 of the Act of January 6, 1978, as amended.
On Data Security and Action Traceability
The Image Recorder is installed in a field reserved for the Within the protected video protected area, which is restricted access. The data storage server is accessible only by the security manager and the IT manager.
The recipients' access to the processing is secured by an individual ID and password, transmitted by the controller
Finally, the log data is retained for a thirty-day rolling period, following the same retention period as the personal data processed.
The President,
I. Falque-Pierrotin
