Key Benefits:
National Computer and Liberties Commission,
Seizure by the Minister of a request for an opinion on a project An order authorising automatic processing of personal data referred to as ' STADE file " ;
Having regard to Convention 108 of the Council of Europe for the protection of persons with regard to the automatic processing of personal data;
Having regard to Directive 95 /46/EC of the European Parliament and of the Council of 24 October 1995 on the Protection of natural persons with regard to the processing of personal data and the free movement of such data;
Given the procedure code Criminal ;
Seen internal security code, including articles L. 122-1, L. 122-2, and R. 236-11 and later;
Seen sports code ;
Due to the computer Law n ° 78-17 of 6 January 1978 Files and freedoms, including section 26-1 (1) and 26-1 (2 °);
Seen decree n ° 2005-1309 of 20 October 2005 modified for the application of Law n ° 78-17 of 6 January 1978 relating to computers, files and freedoms;
After hearing Mr. Jean-François CARREZ, Commissioner, in his report, and Mr. Jean-Alexandre S1LVY, Commissioner of the Government, in his observations,
Emet the following opinion:
The Committee has received a request from the Minister for an opinion on a draft order for the authorisation of automated processing of personal data. STADE ", on the basis of article 26 of the law of January 6, 1978, as amended.
The treatment envisaged will be implemented by the security management of the proximity of the Paris metropolitan area (DSPAP) of the Paris police prefecture, And in particular by the transversal service of agglomeration of events (" STADE cell "), which is an administrative and judicial service. In order to enable it to carry out its tasks, the treatment envisaged thus pursues an administrative objective and a judicial purpose. Accordingly, the provisions laid down in Article 26 (1) and (2) of the Law of January 6, 1978, as amended, which submit the implementation of this treatment to an order made after reasoned and published opinion, must be applied.
On the purposes of processing:
Article 1 of the draft decree provides for the purposes pursued by the intended processing.
It is, on the one hand, to prevent disturbances to the public order, the breaches of security of the Persons and property as well as offences that may be committed on occasion " Sporting events and gatherings in connection with these events " Taking place within the jurisdiction of the Paris police prefecture and the sporting events of the club of " Paris-Saint-Germain And rallies related to these events standing outside the small crown. On the other hand, it is a matter of facilitating the finding of these infringements and the search for their authors.
In fact, the STADE cell is primarily an administrative one, since its agents are responsible for proposing the prohibitions And to monitor the proper implementation of these measures, as well as to anticipate and avoid disturbances to public order during these events. It also has a judicial role, since its agents are present at the relevant sporting events and ensure the judicial follow-up of the offences committed on that occasion. The intended processing thus pursues an administrative purpose and a judicial purpose.
If the Commission considers that each of those purposes is determined, explicit and legitimate, it recalls that the corollary of the principle of purpose is the The principle of speciality, according to which the same treatment should not, in principle, serve multiple purposes. It has always been attentive to compliance with this principle, in order to avoid the implementation of treatments involving many information and consulted by various users.
As regards in particular the assignment of purposes Administrative and judicial proceedings under Article 26 of the Act of 6 January 1978, as amended, the legislator has intervened on several occasions, through special laws, in order to provide for this dual purpose. Thus, for example, is the use of criminal record files for administrative inquiry, now authorized by the sections 230-6 and later of the Code of Criminal Procedure (CPP) or the use of the People File (RPF), which Interest in public safety, for the purposes of judicial police, expressly provided for in section 230-19 of the
. The Committee questions the legality of the prosecution, by a processing authorised by simple ministerial order, of a dual administrative and judicial purpose.
In the present case, this dual purpose responds to the mixed nature of the missions of this Specialty service. Furthermore, the Committee notes that the implementation of two different treatments, used by the same staff, would complicate their activities and reduce the effectiveness of their actions. Finally, it observes that the STADE cell consists of a small number of agents, which is an important guarantee.
In addition, the Commission notes that the aims pursued by the STADE file are close to those pursued by the Processing " Prevention of breaches of public security " (PASP), provided for in articles R. 236-11 et seq. Of the Internal Security Code (CSI).
The Commission notes, however, that The characteristics of the STADE cell and the very specific area of intervention of the proposed treatment, which is limited to that of the PASP file, justify a separate declaration from the STADE file. Indeed, and unlike PASP, the STADE file pursues a judicial police purpose in addition to an administrative purpose, which leads to the collection of additional data. In addition, the STADE file is fed manually by data from other treatments implemented by the Ministry of the Interior, which is expressly prohibited for PASP processing.
In this regard, the Commission considers that the Separate declaration from the STADE file on the basis of Article 26 of the law of 6 January 1978, as amended, must not have the consequence of deprivying the intended treatment of certain important guarantees provided for the PASP treatment, in particular Concerning the processing of data relating to minors.
As regards the scope of the envisaged treatment, all sporting events and gatherings in connection with these events taking place in the area of competence of the Paris police prefecture are concerned. The Committee notes, therefore, that only sporting events are concerned and not, for example, cultural or recreational events. In addition, this scope goes beyond the only framework of the sports arenas and also relates to events on the public road in connection with these sporting events.
In addition, the Commission takes note that outside the scope of jurisdiction Of the police prefecture of Paris, only the sporting events of the club of " Paris-Saint-Germain And gatherings linked to these events will be affected by the STADE treatment, regardless of the teams and disciplines concerned, excluding any other club.
Finally, it takes note that the envisaged treatment will not be able to Be consulted for administrative inquiry within the meaning of Article L. 114-1 of the CSI, in accordance with Article 8 of the draft decree.
On the persons concerned:
Article 2 of the draft decree provides for the categories of persons concerned: It is the " Persons who avail themselves of the quality of supporting or acting as a team." This concept is used in several texts, in particular in articles L. 332-16-1 and L. 332-16-2 of the code of sport relating to the movement restrictions of supporters.
Asked about this point, the Ministry of the Interior stated that this concept is based on objective criteria, in particular " The general conduct on the occasion of the sports meetings, the clothing, the accessories worn or the holding of tickets for access to the stands reserved for supporters', The Committee takes note of these details and notes that this Index is also used by the administrative courts to be aware of these questions.
However, it points to the difficulty of defining an objective in an objective manner and, consequently, the risk of registering in the Treatment of a significant number of people, without justification. It therefore draws the attention of the Ministry to the risk of infringement of the right to privacy and the protection of personal data, insofar as many people who come to an event as a spectator Could be regarded as supporters or at least people acting as supporters.
As a result, the Commission points out that only people who, on the one hand, correspond to the definition of support and, on the other, Be liable to disturb public order, to impair the security of the Property and persons in sporting events and gatherings in connection with these events or being called into question in court proceedings relating to the competence of the cell may be included in the STADE
. On the other hand, persons who would be liable to disturb public order at a sporting event or a rally in connection with that event, but who would not avail themselves of the quality of support of a club or Would not behave as such, can only be recorded in your treatment PASP,
Finally, the Committee notes that treatment may involve minors who are at least thirteen years old. If, according to the Ministry, few minors are required to be included in the processing, the Committee recalls that the processing of such data calls for the adoption of enhanced safeguards. In this respect, it considers that the processing of data relating to minors should be subject to a particular control, for example that exercised by the national reference in charge of the PASP treatment provided for in Article R. 236-15 of the CSI, which provides for the Control of the processing and retention of data relating to minors in this processing.
On the nature of the data processed and the framework of the collection:
Article 2 of the draft decree lists the data collected, which are close to the data collected in the context of similar treatment.
As a preliminary point, the Committee notes that the nature of the regulatory act prohibits de facto Processing of sensitive data within the meaning of Article 8 of the Act of 6 January 1978 as amended. However, Article 2 of the draft decree, relating to the data collected, provides that data relating to " Specific physical signs and objectives " Can be processed. However, it follows from Article R. 236-13 of the CSI relating to the PASP treatment that this category of data may contain data under Article 8 of the same law.
Therefore, if such information was recorded in the processing STADE under this category of data, the Committee recalls that the treatment should be authorised by decree in the Council of State, not by ministerial order, in accordance with the provisions of Article 26 -It of the Act of 6 January 1978 Changed.
To the extent that the STADE cell has judicial police missions, the The draft decree provides that the elements of judicial proceedings before judicial police officers assigned to the cell may be dealt with. In respect of these judicial police missions, the STADE cell is indeed required to collect, upon judicial requisition taken on the basis of articles 60-1, 77-1-1 and 99-3 of the Code of Criminal Procedure, personal data relevant to the investigation.
The Commission reports to this The fact that there is no explicit distinction between the data collected in a judicial framework and those collected in an administrative framework, which does not guarantee that the data are processed in accordance with the purpose of their Initial collection
The judicial requisition Allows judicial police officers to be given, by a third party and under the supervision of a magistrate, specific documents or information relevant to an ongoing judicial investigation. However, Article 6 (2 °) of the law of 6 January 1978 amended provides that the data " Are collected for specified, explicit and legitimate purposes and are not subsequently treated in a manner incompatible with those purposes ".
The Commission therefore points out that the STADE cell cannot reuse the data It has knowledge in the context of a judicial requisition, or in the context of investigations other than that which gave rise to the requisition, or for administrative purposes. It is therefore appropriate to provide for suitable arrangements for the conservation and use of this data.
The Commission considers that registration in the processing of the " Reason for the record " (Public Order Disorder, facts likely to receive a criminal offence, violations of the Code of Sport and criminal code when linked to an event) is a guarantee when this reason verifies that the registration is related to the purpose of the processing And that it can be used to justify why the person may be prejudicial to the public order or be placed
The photographic data recorded in the STADE file are derived solely from the national stadium prohibitions file and CANONGE application, excluding any photograph taken from the installed video devices In stadiums or on public roads. The Commission takes note that the processing does not involve facial recognition from the photograph of the face of the persons and that no export of the photographs, for example on mobile terminals, is Expected.
Data for " Public activities, behaviour and travel, blogs and social networks in association with groups of supporters' supporters' Will be collected by observation of movements, behaviour in the stands and by reading social networks open in connection with the supporting environment. More specifically, concerning the data coming from " Blogs and social networks " In connection with the groups of supporters of belonging, the ministry indicated that the investigators only consult the open social networks and analyse the information collected and that they therefore do not use false accounts. Notwithstanding the public and freely accessible nature of the information thus collected, the Committee recalls that the principles of fairness of collection, relevance and proportionality apply to this data
Persons who have or have had direct and non-incidental relations with the person concerned " Relate to persons unknown to the STADE cell but who would interact with a person registered in the intended treatment. The Committee recalls that this data should be processed only " To the strict extent that they are necessary for the pursuit of the purposes referred to in Article 1 ", in accordance with Article 2 of the draft
. Data from certain treatments implemented by the Ministry of the Interior ", without this power being automated, can enrich the treatment envisaged. The referral dossier specifies the relevant treatments (TAJ, STIC, SNPC, GEVI, PASP, FNIS, FPR, CANONGE). However, the overly broad wording of the draft decree does not allow the precise determination of the data derived from these treatments which will enrich the STADE file. Therefore, if the data extracted from these treatments are different from those already listed in Article 2 of the draft decree, the Committee considers that it would be appropriate to add to the draft order these categories of data in accordance with the Requirements of section 29 of the faith of January 6, 1978, as amended. The committee also points out that strict control of this data will have to be implemented and that they will only have to enrich the STADE file if they are relevant and not excessive in relation to the purposes pursued by me
Article 4 of the draft decree further provides that the proposed processing may receive data contained in the processing operations administered by the international cooperation bodies in the field of judicial police or the services of Foreign police, as per article L. 235-1 of the internal security code.
Finally, as well as the prohibitions data Which are expressly provided for in the draft decree, the Commission considers that data on judicial prohibitions should be included in the data collected.
Subject to these observations, the Commission considers that the data recorded in the Intended processing is adequate, relevant and not excessive in relation to the purposes pursued.
On the duration of data retention:
Article 7 of the draft decree provides that the data may not be kept for more than five years after the intervention of the last event which shows a risk of damage to public safety which gave rise to the
It is apparent from this wording that this will allow the erasure of data which would no longer be useful before the expiry of the retention period fixed by the draft decree, in accordance with Article 6 (5 °) of the Law of 6 January 1978 amended. While the Commission can only support this system, it nevertheless regrets, in the absence of any clarification from the department on the criteria justifying the deletion of the data before the duration of the shelf-life, the lack of legibility and the lack of clarity on the part of the The
notes that a specific retention period of three years has been provided for minors, which is an important guarantee.
On addressees Data:
Article 5-1 of the draft decree defines the categories of persons who can directly access the data recorded in the STADE file, namely the specially authorized officers of the STADE
. The police and the national gendarmerie, the judicial authorities and the international cooperation bodies are entitled to receive data recorded in the intended processing, in accordance with Article 5 of Article 5 Of the draft decree. The Committee notes that the administrative authority and the clubs receiving the relevant teams in their stadiums are not included in the staff entitled to receive data recorded in the proposed processing. However, it appears that the prefects of the departments where trips are made outside of the PSG teams, as well as the clubs, may be recipients of certain data, in particular concerning the stadium bans. The Commission therefore invited the Ministry to amend the draft decree to that effect.
On the rights of persons:
The right of information under section 32 of the Act of January 6, 1978, as amended and the right of objection under section 38 of the Act, does not apply to this treatment.
However, the Commission considers that, in the context of Of the judicial aspect, in particular the follow-up of the stadium bans, the information of the data subject in the STADE file does not seem to call into question your aims pursued by the treatment. The Commission therefore considers that the information should be given to the persons concerned by the judicial aspect of the proposed processing,
The rights of access and rectification will be exercised indirectly, either with the committee, in Application of the provisions of Section 41 of the Act of January 6, 1978, as amended, which does not require any particular comment.
On data security and the traceability of shares:
Article 7 of the draft decree provides that data consultations shall be drawn up in a nominative manner in an activity log to which only the administrator of the database has access, the traces being kept for five years
The interior indicated that there is no link to other applications, The data are recorded in the application only by its users.
The Commission notes that the application is only accessible from positions of Ministry of the Interior job and there is no remote access to
It recalls the necessary implementation of an encrypted stream between the client node and the application to ensure the confidentiality of the data exchanged.
Access to the application by the combination of an identifier And a password, the committee recalls that the latter must consist of at least eight characters with at least one uppercase, a lower case and a numeral or special character, renewed periodically. An evolution will have to be implemented to take account of the authentication by the agent card.
Subject to previous observations, the security measures described by the controller comply with the security requirement
The Commission points out, however, that this obligation requires the updating of security measures in relation to the regular reassessment of risks.
The President,
I. Falque-Pierrotin
