Decree Of June 7, 2010 Relating To The Processing Of Bioap Data
LexInter | July 9, 2017 | 0 Comments

Decree Of June 7, 2010 Relating To The Processing Of Bioap Data

The Prime Minister,
On the report of the Minister of State, Keeper of the Seals, Minister of Justice and Freedoms,
Having regard to law n ° 78-17 of 6 January 1978 as amended relating to data processing, files and freedoms , in particular Articles 26 and 27;
Having regard to the opinion of the National Commission for Informatics and Freedoms dated December 3, 2009; Having
heard the Council of State (interior section),
Decrees:

Article 1  .

The creation, by the Ministry of Justice and Freedoms, of automated processing of personal data known as “BIOAP” comprising biometric data and having the purposes of:
a) Establishing an internal identity card for imprisoned persons is authorized. ;
b) Identify these people, in particular in order to fight against attempts to escape by substitution.
These treatments are implemented in penitentiary establishments.

Article 2  .

The categories of personal data relating to imprisoned persons recorded in the automated processing provided for in Article 1 are as follows:
– surname, common name, alias and first names;
– nut number;
– digital identity photograph;
– template of the outline of the hand;
– monitoring of identification checks.
The treatments do not include facial recognition devices from the scanned photograph.

Article 3  .

The personal data mentioned in article 2 are kept until the detention is released following the release or the final transfer of the imprisoned persons, with the exception of the records of the identification checks which are kept for one month. from their occurrence.

Article 4  .

For the exclusive needs of the missions entrusted to them:
1 ° Have direct access to the data mentioned in article 2 the prison administration officers individually appointed and duly authorized by the head of the penitentiary establishment, in consultation alone or in consultation, modification or deletion;
2 ° The recipients, in consultation only, of the data mentioned in article 2 are the agents of the prison administration directorate and the interregional prison administration directorates individually appointed and duly authorized by the director of the prison administration.

Article 5  .

The right of opposition provided for in article 38 of the aforementioned law of 6 January 1978 does not apply to the processing operations mentioned in article 1.

Article 6  .

The rights of access and rectification provided for in articles 39 and 40 of the aforementioned law of 6 January 1978 are exercised with the head of the penitentiary establishment or the interregional director concerned.

Article 7  .

The implementation of BIOAP treatments by the penitentiary establishments of the Ministry of Justice and Freedoms is subject to prior sending to the National Commission for Informatics and Freedoms, in application of III of article 27 of the law. of January 6, 1978 referred to above , a commitment to comply with this decree, which will specify the location of the treatment.

Article 8  .

The Minister of State, Keeper of the Seals, Minister of Justice and Freedoms, is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.

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