Advanced Search

Decree No. 2014 - 1486 On December 10, 2014, On The Establishment Of Automated Processing Of Personal Data Referred To As Software To The Preparation Of The Procedures Of The Judicial Customs (Lrpdj)

Original Language Title: Décret n° 2014-1486 du 10 décembre 2014 portant création d'un traitement automatisé de données à caractère personnel dénommé logiciel de rédaction des procédures de la douane judiciaire (LRPDJ)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Learn more about this text...

Information on this text

Keywords

FINANCING , PUBLIC ACCOUNTS , JUDICIARY PROCEDURE , NATIONAL JUDICIARY SERVICE , INFORMAL , INFORMAL , INFORMAL , AUTOMATIC TREATMENT , TRENGTHENING , COMPENSATION


JORF no.0287 of 12 December 2014 page 20812
text No. 17



Decree No. 2014-1486 of 10 December 2014 establishing an automated processing of personal data known as the drafting software for judicial customs procedures (LRPDJ)

NOR: FCPD1415028D ELI: https://www.legifrance.gouv.fr/eli/decret/2014/12/10/FCPD1415028D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2014/12/10/2014-1486/jo/texte


Public officials concerned: officers of the national judicial customs service.
Subject: creation of a software to draft judicial procedures.
Entry into force: the text comes into force on the day after its publication.
Notice: in order to facilitate the conduct of its missions and to offer interoperability with the Department of Justice (Cassiopée) information system and with the Department of the Interior (TAJ) history file, the national judicial customs department has wished to develop a software for the drafting of judicial customs procedures (LRPFJ). Inspired by the editorial software developed by the National Gendarmerie and the National Police (LRPGN and LRPPN), the treatment known as the judicial customs procedures drafting software (LRPDJ) takes into account the specific characteristics of the service. It allows for the management of procedures with a view to legal security, the sharing of information with other treatments and the integration of the judicial customs service into the national criminal system. In addition, the LRPDJ provides for the harmonization of the drafting of all judicial proceedings (procedures, reports, fact-finding reports) for the various investigative frameworks (preliminary, flagrante delicto or rogatory commission).
References: this decree is implemented provisions of Article 26 of Law No. 78-17 of 6 January 1978 modified on computers, files and freedoms. It is available on the website Légifrance (http :// www. legifrance. gouv. en).
The Prime Minister,
On the report of the Minister of Finance and Public Accounts,
Vu le Code of Criminal Procedureincluding article 28-1;
Vu la Act No. 78-17 of 6 January 1978 amended on computer science, files and freedoms, including article 26;
Vu the opinion of the National Commission on Informatics and Freedoms of 16 January 2014;
The State Council (inland section) heard,
Decrete:

Article 1 Learn more about this article...


The Minister responsible for the budget (General Customs and Indirect Rights) is authorized to implement automated personal data processing with the following purposes:


- to allow officials of the national judicial customs service to ensure the clarity and homogeneity of the drafting of the judicial procedures they have jurisdiction to implement under the Code of Criminal Procedure ;
- to allow, for the purpose of feeding, the relationship with data processing relating to judicial proceedings.


This processing, known as software for the drafting of judicial customs procedures (LRPDJ), can record personal data of the nature of those referred to in I of Article 8 of the Law of 6 January 1978, to the extent strictly necessary for the continuation of the purpose defined in the first paragraph.

Article 2 Learn more about this article...


The categories of personal data and information recorded in the processing are defined in the annex to this decree.

Article 3 Learn more about this article...


The personal data and information recorded in the processing are retained until the entire procedure is transmitted to the judicial authority.

Article 4 Learn more about this article...


I. - may access, on the basis of their powers and within the limits of the need to know, all or part of the data and information referred to in Article 2:


- the judge delegated to the judicial missions of customs;
- officers of the national judicial customs service, individually designated and specially authorized by the magistrate delegated to the judicial missions of the customs or, where appropriate, by the Director General of Customs and Indirect Rights.


II. - Magistrates may receive such data and information, because of their powers and within the limits of the need to know about it.

Article 5 Learn more about this article...


Any processing operation shall be registered including the identification of the consultant, the date and time of the consultation. This information is retained in processing for a period of five years.

Article 6 Learn more about this article...


In accordance with the provisions of the articles 41 and 42 the law of 6 January 1978 referred to above, the right of access to data is exercised with the National Commission of Computer Science and Freedoms.
Victims are informed that the data collected during the proceedings may give rise to a registration in the treatment provided for in this Order.
The right of opposition under section 38 of the Act does not apply to this treatment.

Article 7 Learn more about this article...


This decree is applicable throughout the territory of the Republic.

Article 8 Learn more about this article...


The Minister of Justice, the Minister of Finance and Public Accounts and the Minister of Overseas are responsible for the execution of this Order in Council, which will be published in the Official Journal of the French Republic.

  • Annex


    Annex
    ISSUES AND INFORMATION OF JUDIT PROCEDURES


    The following categories of personal data may be recorded:
    1° With regard to the physical persons involved:


    - identity (name of family, name of use, official borrowing name, first names);
    - nickname, alias;
    - date and place of birth;
    - sex;
    - filiation;
    - marital status;
    - identity (name and first name) of the spouse or ex-spouse, date of marriage or divorce, number of children, dependent or not, age, exercise of parental authority;
    - nationality;
    - studies conducted or level of studies reached;
    - graduate;
    - profession;
    - permit (nature, category, number, date and issuing authority);
    - references to identity documents;
    - weapon (type, number, date and issuing authority, mark, caliber);
    - registration plate number;
    - references to means of transport (registration of ships, aircraft)
    - references of transport titles (Passnumber Navigo);
    - military situation;
    - decorations, distinctions, pensions;
    - address;
    - telephone number;
    - account number;
    - loans;
    - real estate;
    - furniture;
    - nature of home occupation (locatary, owner or free of charge);
    - name and address of the owner, amount of rent or credit;
    - employer;
    - reporting, behaviour during the investigation and, where applicable, operating procedure;


    2° With regard to victims, natural persons:


    - identity (name of family, name of use, official borrowing name, first names);
    - sex;
    - date and place of birth;
    - marital status;
    - nationality;
    - address;
    - profession;


    3° With respect to witnesses and plaintiffs, when they do not fall within 2°:


    - identity (name, marital name, official borrowing name, first names);
    - date and place of birth;
    - marital status;
    - nationality;
    - profession;
    - address.


    The following information is also recorded:
    (a) With regard to legal persons involved or victims:


    - social reason, trade sign, acronym;
    - legal form;
    - registration number in the trade and corporate register;
    - place of the head office;
    - SIREN, SIRET numbers;
    - sector of activity;
    - address;


    (b) The facts subject to the investigation, the scene, the date of the offence and the information relating to the objects, including those indirectly nominal.


Done on 10 December 2014.


Manuel Valls

By the Prime Minister:


Minister of Finance and Public Accounts,

Michel Sapin


The Seal Guard, Minister of Justice,

Christiane Taubira


Minister of Overseas,

George Pau-Langevin


The Secretary of State in charge of the budget,

Christian Eckert


Download the document in RTF (weight < 1MB) Extrait du Journal officiel électronique authentifié (format: pdf, weight : 0.23 Mo) Download the document in RDF (format: rdf, weight < 1 MB)