Question 2465 — fundamental rights

Summary

Mr. Jean-Luc Mélenchon alerts the Keeper of the Seals, Minister of Justice, to the condemnation of France by the European Court of Human Rights (ECHR) on its use of the automated national genetic fingerprint file (FNAEG), on June 22, 2017. The automated national genetic fingerprint file was created in 1998. Originally, it only concerned people convicted of sexual crimes and offenses. Its use was gradually but considerably extended in 2001 and especially in 2003. People found guilty of damage and contempt of an agent have been particularly concerned since that date. As a result, the number of people on file exploded. From 127 9,815 people registered in 2005, we had increased to more than 3 million in 2015. Furthermore, if the law governing the use of this file provides that "a decree in the Council of State taken after opinion of the National Commission for Information Technology and Liberties determines the terms of application of this article. This decree specifies in particular the duration of retention of recorded information”, no decree has ever been issued. It is therefore a retention period for genetic fingerprints of 40 years that applies by default, regardless of the offense or crime for which they were taken. In its judgment of June 22, 2017, the ECHR rules on the case of a farmer, arrested following a demonstration in 2008. The Court criticizes the lack of proportionality in the use of the file: “no differentiation is currently provided for according to the nature and seriousness of the offense committed, despite the significant disparity of situations likely to arise, as that of Mr. Ayçaguer attests. However, his actions were part of in a political and trade union context, and concerned simple umbrella blows in the direction of gendarmes”. He would like to ask her what measures she has planned to take into account the ECHR ruling.

Machine translation from French. The official text remains authoritative.

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