Question 34887 — fundamental rights

Summary

Ms. Delphine Batho questions the Minister of the Interior on Decree No. 2020-1511 of December 2, 2020 modifying the provisions of the Internal Security Code relating to the processing of personal data called “Prevention of attacks on public security” and Decree No. 2020-1512 of December 2, 2020 of December 2, 2020 modifying the provisions of the Internal Security Code relating to the processing of data with character personnel called “Information management and prevention of public security breaches”. Proposed law no. 1659 relating to police files, which followed information report no. 1548 on police files of March 24, 2009, proposed that the exemptions from the ban on the collection and processing of so-called “sensitive” data in article 6 of law no. 78-17 of January 6, 1978 relating to information technology, to files and freedoms, are precisely set by law after an in-depth parliamentary debate. The MP deplores that successive governments, including the current one, have chosen to deprive the national representation of this necessary democratic debate and to set the rules relating to these files by decree. However, decrees n° 2020-1511 and n° 2020-1512 make various modifications, including a substantial one concerning the expansion of the collection, conservation and processing of data relating to “political opinions, philosophical, religious convictions or trade union membership”, while until now, decree no. 2009-1249 of October 16, 2009 establishing the processing of personal data relating to the prevention of attacks on public security and decree no. processing of personal data relating to information management and the prevention of attacks on public security only took into consideration “political, philosophical, religious or trade union activities”. These 2009 provisions followed the controversy which surrounded the creation of the EDVIGE file, which replaced the old general information file. Following the withdrawal of the decree establishing the EDVIGE file, the regulatory provisions provided that only “activities” and not “opinions” could be considered. According to Marie de Gasquet, lawyer at the CNIL, the version of decrees n° 2020-1511 and n° 2020-1512 which were transmitted to the commission did not include these modifications relating to “political opinions”. This is why she first asks him to kindly indicate why the CNIL would not have been informed of this specific modification even though the provisions of II of article 31 of law no. 78-17 of January 6, 1978 relating to data processing, files and freedoms require the reasoned opinion of the commission. Then, she asks him to kindly indicate precisely the Government's motivations with regard to extending the collection of sensitive data to those relating to "opinions", which carries risks of serious abuses. Finally, she asks him if he is ready to withdraw these decrees or modify them, to reestablish the reference to “political activities” which proves to be perfectly sufficient to carry out intelligence monitoring of a certain number of situations involving security risks.

Machine translation from French. The official text remains authoritative.

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