Question 30514 — weapons

Summary

Ms. Frédérique Dumas draws the attention of the Minister of the Interior to Decree No. 2020-487 published in the Official Journal of April 28, 2020 creating an automated processing of personal data called “weapons information system”. Decree signed by the Prime Minister and co-signed by himself, by the Minister of Justice, by the Minister of the Economy and Finance as well as by the Minister of Action and public accounts. The decree thus completes the work of transposing European Directive 2017/853 of the European Parliament and of the Council of May 17, 2017 amending Council Directive 91/477/EEC relating to the control of the acquisition and possession of weapons. But the decree goes much further than the European directive by authorizing by derogation, the collection, storage and processing of very sensitive data relating to: “1° To the political opinions, religious beliefs, union membership or health of the person who is the subject of this administrative investigation; 2° To the alleged racial or ethnic origin, political opinions, religious beliefs, trade union membership, sexual life or sexual orientation of a person other than that subject to the administrative investigation mentioned in V, provided that these data relate to a procedure in which the person subject to the administrative investigation is implicated. » The CNIL, in its deliberation no. 2020-001 of January 9, 2020 providing an opinion on a draft decree creating an automated processing of personal data called “weapons information system” (request for opinion no. 19017309) has certainly validated this draft decree but by raising concerns questions and formulating substantial reservations. Indeed, the Commission strongly regrets that the ministry did not intend to modify the regulatory acts governing the files queried and which fall within its competence, in order to explicitly mention that they can be the subject of a query by the “SIA” processing. The Commission questions the reasons which led the ministry to allow these agents to directly access the data recorded in the processing and not to make them recipients only of the data that is necessary for them, taking into account their missions, on the one hand, and the purposes pursued by the “SIA” processing, on the other hand. More precisely, concerning DGSE agents, the Commission takes note of the information transmitted by the ministry according to which these agents are intended to access data of the “SIA” processing in the context of the administrative investigations that they carry out, even though it has clarified that the carrying out of administrative investigations relating to the persons concerned by the “SIA” does not constitute a purpose in itself of the processing. In this context, she questions the possibility for DGSE agents to directly access the data recorded in it for the purposes of carrying out these investigations. By elsewhere, with regard to the direct access of DGSI agents to "SIA" processing data, if the Commission takes note of the elements provided by the ministry according to which it is of "major interest in assessing the profile of an individual", the acquisition of a weapon which can "reveal an attraction to violence or even indicate the implementation or acceleration of preparatory acts for an act", it also notes that the processing pursues an overall objective of traceability of firearms whose prism is not, according to the ministry, that of monitoring the individual. In view of these details, the Commission questions the possibility for DGSI agents to directly access the information recorded in the processing for the purposes of monitoring people, on the one hand, and for intelligence purposes, on the other. After the challenge by the Council constitutionality of article 3 of law no. 2019-290 of April 10, 2019 aimed at strengthening and guaranteeing the maintenance of public order during demonstrations, after the questioning by the Constitutional Council of article 13 of law no. 2020-546 of May 11, 2020 extending the state of health emergency and supplementing its provisions, after the questioning by the Constitutional Council on June 18, 2020 of the flagship measure of the law against hatred online giving digital giants quasi-police and judicial powers. which the majority hastened to adopt at the end of confinement, after the development of a new concept, that of “proven suspicions” leading to immediate sanctions, after therefore the systematic questioning of the role and place of the judge, thus sanctioned in a constant manner and finally after the adoption of a text at first reading in the Assembly national aiming to pass into ordinary law provisions appearing in the law on the state of health emergency, it is amid general indifference that decree no. 2020-487 could be developed, signed and published in the Official Journal. Finalizing the transposition of the European directive on the legal acquisition of weapons and arms control was necessary. In this regard it is also important to clarify, so that there is no there is no confusion, that this system does not in any way resolve the problem of the illegal possession of assault rifles and other automatic weapons of a military nature. A problem highlighted by recent events in Dijon and Nice, but also in all the attacks sponsored by Daesh. On the other hand, this decree, by establishing a possibility of exemption allowing the collection of very personal data sensitive, proposes a system that does not correspond to the objective pursued, the traceability of legally acquired firearms. No criminal, no would-be terrorist will legally acquire a weapon intended to commit a crime. The black market in weapons is sufficiently accessible and cheap to avoid the “SIA” system. The current context is, however, more than explosive. On the one hand, we cannot evoke universalism and the risks of “separatism” and on the other hand putting in place tools that can only give birth to what we fear. Thus, she asks him to what extent data as personal and sensitive as religious conviction, trade union membership, alleged racial or ethnic origin, life or sexual orientation, would be necessary for the constitution of the “SIA”. She finally asks him why and how such a device unrelated to the objective pursued could have been proposed through a decree, therefore a provision of a simple regulatory nature. She asks him if he is ready to call into question this simply unacceptable provision. She asks him to please respond to these points.

Machine translation from French. The official text remains authoritative.

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