Key Benefits:
National Computer and Liberties Commission,
Entering the Department of The agriculture, agri-food and forestry of a request for an opinion on a draft decree and a draft decree on the implementation of an electronic voting system for the elections of the regional and higher order councils Veterinary,
In view of the Council of Europe Convention No 108 for the protection of persons with regard to the automatic processing of personal data;
Seen 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 Rural code and marine fishing, including articles R. 242-7 and later;
Seen law n ° 78-17 of 6 January 1978 Files and freedoms, in particular Article 27-II (4 °);
Seen Decree No. 2005-1309 of 20 October 2005 modified for the application of Law n ° 78-17 of January 6, 1978 relating to computers, files and freedoms;
Seen deliberation n ° 2010-371 of October 21, 2010 adopting a Recommendation on the security of electronic voting systems;
On the proposal of Mr Didier GASSE, Commissioner, in his report and Mr Jean-Alexandre SILVY, Commissioner of the Government, in his observations,
Emet the following opinion:
The Ministry of Agriculture, Agri-Food and Forestry has asked the Commission for an opinion on two projects Of texts:
-a draft decree in Council of State amending Articles R. 242-7 to R. 242-31 of the Rural Code and of the Maritime Fisheries (hereinafter " Code ") Relating to the elections of the Regional and Higher Veterinary Councils in order to introduce electronic voting by the Internet;
-a draft decree on the automated processing of personal data provided for in the future R. 242-12-V of the Rural Code and Maritime Fisheries.
Pursuant to Article 27-II (4 °) of the Act of 6 January 1978, as amended, the draft decree and decree Are submitted to the CNIL for opinion.
As a preliminary point:
The Commission points out that it is very attentive to the conditions for the development of electronic voting. Given the specific risks that these treatments may pose to individuals, such as the disclosure of their political or union opinions, the Commission reminds the department of the importance of implementing security measures Appropriate. In this respect, the Committee therefore wishes to emphasise the need to respect its recommendation of 21 October 2010, replacing its recommendation of 1 July 2003. In addition, the Panel wishes to clarify that, on a case-by-case basis, additional security measures may be provided for, for example, the conduct of a risk analysis in the case of large and/or high national
. The independent expertise of the electronic voting system:
Draft article R. 242-12-III of the Code states that " The electronic voting system is the subject of independent expertise to ensure the anonymity, transparency, control and sincerity of the vote. "
The Commission considers that the requirement for prior system expertise is a Essential guarantee of the integrity of electronic voting systems and must cover the entire system installed before the vote, the use of the voting system during the voting and the post-voting stages (counting, archiving, Etc.).
The Commission requests that the expert therapy Shall be given to the committee, prior to the implementation of the electronic voting system and communicated to it [e final report on its request. The set of security-related elements shall also be communicated to the Commission prior to the implementation of the device.
On the exclusive nature of the electronic vote:
Draft article R. 242-12-I Code has " The vote takes place electronically. Electronic voting shall exclude any other form of voting.
The Committee takes note that draft article R. 242-13 provides that, in view of the exclusive nature of electronic voting, measures must be taken to ensure assistance to any voter who is unable to Use electronic voting. In addition, the text provides for the provision, in a space provided for this purpose at the headquarters of each regional council and the upper council, of a computer equipped with Internet access allowing access to the voting site during the poll.
Since the electronic voting system is carried out remotely via the Internet, the committee suggests that draft texts use the phrase " E-voting by internet " Preference to " Voting by electronic means ".
On the separation of the nominative data of electors and votes:
In accordance with its recommendation of 2010, the Committee recalls that the electronic voting system must ensure that the identity of the voter should not be related to the expression of his or her vote at any time during the Vote, including after counting.
Draft article R. 242-12-II of the Code provides that data relating to electors and their votes shall be the subject of two separate, dedicated and isolated computerized information processing operations, respectively Called " Voters' files " (which includes the identifiers of the electors who voted and allows to edit the list) and " Electronic urn content " (which lists the votes cast electronically). It is specified that the data in the second file are encrypted and cannot include a link for the identification of electors.
The draft order should state, on the one hand, that the vote is encrypted as soon as it is issued On the voter's terminal and, on the other hand, that the link between the voter's voting terminal and the server hosting the file " Electronic urn " Is also encrypted.
On the backup device:
In accordance with the Commission's 2010 recommendation, the draft decree provides for the electronic voting system to include a backup device with the same guarantees And the same characteristics as the primary system and capable of automatically relaying it in the event of a failure.
On the authentication of electors:
The Commission considers that authentication of the elector on the basis of an electronic certificate is the most satisfactory solution in the prior art.
The draft order does not specify the conditions under which the Voters' identifiers and passwords are communicated to the persons concerned and refer to the draft decree for that purpose. Article 4 of the draft decree provides that identifiers and passwords shall be sent to the voters no later than two weeks before the election.
The Committee recommends that the communication of this information should be made via Two separate channels.
On the control of voting operations:
In order to ensure effective control of electoral operations, the Committee recommends that the technical provider make available to representatives of the body responsible for processing, experts, members of the polling station, The delegates of the candidates and the deputy returning officers all useful documents and provide training for these persons in the functioning of the electronic voting system.
Accordingly, the Commission considers that Article 3 of the draft decree reserves the right to Training for members of the National Technical Commission and expertise Should be completed in order to cover all the actors mentioned above, as well as the availability of all relevant documents.
On the transmission of personal data to the technical provider:
Article 3 of the draft decree provides that the national technical commission shall forward to the technical provider the personal data of the voters and candidates.
The Commission considers it necessary for the provider to make a commitment Specific contractual confidentiality relating in particular to the transmission of such data. It takes note that the claimant also undertakes, contractually, to surrender or destroy the files in his possession at the end of the electoral process.
Article 3 of the draft decree should therefore be clarified accordingly.
On the sealing of the electronic voting system and the confidentiality of data:
The Commission's 2010 recommendation recommends that, prior to the start of voting, the electronic voting systems used, the list of candidates and the list of electors be subject to sealing, that is to say, Detect any changes to the system. Prior to this sealing procedure, it is verified that the modules that have been subject to expertise have not been modified. The mailing list and the electronic ballot box must be the subject of a process to ensure their integrity during voting and be subject to sealing after the close of voting.
Sealing processes must use public algorithms Deemed strong and, where appropriate, comply with the recommendations of the General Safety Repository. The verification of seals must be able to be carried out at any time, including during the voting process. The polling station must have tools whose use does not require the intervention of the provider to perform the verification of the seal, for example by taking a digital fingerprint.
Draft article R. 242-12-5 of the Code Evokes only the sealing of the mailing list and the electronic urn. Article 5 of the draft decree provides for the sealing of the list of candidates and voters without detailing the guarantees required for this seal. In addition, it should be noted that the electronic voting systems used must be subject to sealing. The draft decree should be completed by specifying the provisions relating to the sealing of the list of candidates, the list of electors and the voting system used.
On the information, rights of access, rectification and Opposition of individuals:
Draft article R. 242-12-II of the Code provides that the rights of access and rectification of data are to be exercised by the Higher Council of the Veterinary Order of Veterinarians
That the persons concerned will be informed of their rights. The draft decree or draft decree should specify that an explanatory note clearly detailing the voting operations and the general functioning of the electronic voting system.
For the Chair:
Associate Vice-President,
E. Of Givry
