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| == Comment == | | ==Comment== |
| ''Share your comments here!'' | | ''Share your comments here!'' |
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| == Further Resources == | | ==Further Resources== |
| ''Share blogs or news articles here!'' | | ''Share blogs or news articles here!'' |
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| == English Machine Translation of the Decision == | | ==English Machine Translation of the Decision== |
| The decision below is a machine translation of the French original. Please refer to the French original for more details. | | The decision below is a machine translation of the French original. Please refer to the French original for more details. |
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| HomeCurrent national law Case law Administrative case law Council of State, 10th - 9th chambers combined, 13/04/2021, 439360, Unpublished in the ... Council of State, 10th - 9th chambers combined, 13/04/2021, 439360, Unpublished in Lebon collection
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| In all fields Select a search field In all fields In titles In tables of contents In NORD In text numbers In deliberation numbers In decision numbers In article numbers In article contents In names of ministries In visas In notices In notices visas or notices In the preparatory work In the signatures In the notices In the case numbers In the abstracts In the summaries In the contents of the texts In the ECLI In the numbers of referred laws In the types of decisions rendered In the internal numbers In the OJ or BOD publication references In the summaries In the texts of references In the titles of referred laws In the company names In the keywords In the IDCCEx. : L. 121-1, CGI, 10-15056, dol, protected adults
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| 10th - 9th chambers combined N ° 439360ECLI: FR: CECHR: 2021: 439360.20210413 Unpublished in the Lebon collection Reading of the
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| Tuesday
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| April 13, 2021 Rapporteur Ms Myriam Benlolo Carabot Lawyer (s) SCP SPINOSI Full text FRENCH REPUBLIC
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| NAME OF THE FRENCH PEOPLE See the following procedures:
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| 1 ° Under number 439360, by a summary request and an additional memorandum, registered on March 6 and June 8, 2020 at the litigation secretariat of the Council of State, the association "The League of Human Rights" requests from the Council State:
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| 1 °) to cancel for excess of power decree n ° 2020-151 of February 20, 2020 authorizing an automated processing of personal data called "mobile application for note taking" (GendNotes);
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| 2 °) to charge the State the sum of 5,000 euros under Article L. 761-1 of the Code of Administrative Justice.
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| 2 ° Under number 440978, by a request and a memorandum in reply, registered on June 2, 2020 and March 9, 2021 at the litigation secretariat of the Council of State, the associations Homosexualités et socialismes and Internet Society France ask the Council of State :
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| 1 °) to cancel for excess of power decree n ° 2020-151 of February 20, 2020 authorizing an automated processing of personal data called "mobile application for note taking" (GendNotes);
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| 2) to charge the State with the sum of 3,000 euros to be paid to each of the associations under article L. 761-1 of the code of administrative justice.
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| .................................................. ..................................
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| 3 ° Under number 441151, by a request and a memorandum in reply registered on June 12, 2020 and March 23, 2021 at the litigation secretariat of the Council of State, the associations Mousse, Stop Homophobie, ADHEOS and Families-A ... ask the Council of State:
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| 1 °) to cancel for excess of power decree n ° 2020-151 of February 20, 2020 authorizing an automated processing of personal data called "mobile application for note taking" (GendNotes);
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| 2) to charge the State the sum of 3,000 euros under Article L. 761-1 of the Code of Administrative Justice.
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| .................................................. ..................................
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| 4 ° Under number 442307, by a request registered on July 30, 2020 at the litigation secretariat of the Council of State, the AIDES association, the Syndicat de la magistrature and the Syndicat des Avocats de France ask the Council of State:
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| 1 °) to cancel for excess of power decree n ° 2020-151 of February 20, 2020 authorizing an automated processing of personal data called "mobile application for note taking" (GendNotes);
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| 2) to charge the State the sum of 4,000 euros under article L. 761-1 of the code of administrative justice.
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| .................................................. ..................................
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| He maintains that the contested decree disregards Article 4 of the Law of 6 January 1978, Convention No. 108 of the Council of Europe for the protection of individuals with regard to automatic processing of personal data and the Article 8 of the Charter of Fundamental Rights of the European Union in that it unduly infringes the right to respect for private life and the corresponding right to the protection of personal data, without providing the appropriate guarantees for their protection in terms of precision on the purpose of the processing and the nature of the data collected, but also in terms of the retention period of the data, control of the recipients of the data collected and security.
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| .................................................. ..................................
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| 6 ° Under number 442363, by a summary request, an additional memorandum and a reply memorandum registered on August 2 and November 3, 2020 and on March 26, 2021 at the litigation secretariat of the Council of State, the association "La Quadrature du Net "asks the Council of State:
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| 1 °) to cancel for excess of power decree n ° 2020-151 of February 20, 2020 authorizing an automated processing of personal data called "mobile application for note taking" (GendNotes);
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| 2) to order the Minister of the Interior to delete the data collected since the entry into force of this decree, subject to a penalty of 1,024 euros per day of delay;
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| 3) to charge the State the sum of 4,096 euros under article L. 761-1 of the code of administrative justice.
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| .................................................. ..................................
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| 7 ° Under number 443239, by a request registered on August 24, 2020 at the litigation secretariat of the Council of State, the association "The International League Against Racism and Anti-Semitism" asks the Council of State:
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| 1 °) primarily, to cancel for excess of power decree n ° 2020-151 of February 20, 2020 authorizing an automated processing of personal data called "mobile application for note taking" (GendNotes);
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| 2) in the alternative, to cancel the last paragraph of article 2 of this decree authorizing the collection of sensitive data;
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| 3) to charge the State the sum of 3,000 euros under article L. 761-1 of the code of administrative justice.
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| .................................................. ..................................
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| Having regard to the other documents in the files;
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| Seen:
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| - the Constitution, in particular its Preamble;
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| - the European convention for the protection of human rights and fundamental freedoms;
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| - Convention No. 108 of 28 January 1981 of the Council of Europe for the protection of individuals with regard to automatic processing of personal data;
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| - the international convention on the rights of the child;
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| - the Treaty on European Union;
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| - the Charter of Fundamental Rights of the European Union;
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| - Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016;
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| - Directive (EU) 2016/680 of the European Parliament and of the Council of April 27, 2016;
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| - the organic law n ° 2011-833 of March 29, 2011;
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| - Law n ° 78-17 of January 6, 1978;
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| - the code of administrative justice and decree n ° 2020-1406 of November 18, 2020;
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| After hearing in public session:
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| - the report by Mrs Myriam Benlolo-Carabot, master of requests for extraordinary service,
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| - the conclusions of Mr. Alexandre Lallet, public protractor;
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| The floor having been given, after the conclusions, to the SCP Spinosi, lawyer of the Human Rights League, to the SCP Sevaux, Mathonnet, lawyer of the Aides association, of the Magistrate's Syndicate and of the Lawyers' Union de France and at SCP Boré, Salve de Bruneton, Mégret, lawyer of the National Bar Council;
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| Considering the following:
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| 1. The requests of the League of Human Rights, of the associations Homosexualités et socialismes and Internet Society France, of the associations Mousse, Stop Homophobie, Adheos et Familles A ..., of the AIDES association, of the Syndicat de la magistrature and the Syndicat des Avocats de France, the National Council of Bars, the Quadrature du Net and the International League against Racism and Anti-Semitism are directed against the same decree of February 20, 2020 authorizing automated data processing of a personal nature called "mobile note-taking application" (GendNotes). They should be joined to rule by the same decision.
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| 2. The contested decree authorizes the Minister of the Interior to implement an automated processing of personal data called "Mobile note-taking application" (GendNotes), the purposes of which, under the terms of its article 1, are "1 ° Facilitate the collection and conservation, with a view to their use in other data processing operations, in particular by means of a pre-intelligence system, of information collected by soldiers of the national gendarmerie on the occasion of preventive actions, investigations or interventions necessary for the exercise of judicial and administrative police missions; / 2 ° Facilitate the transmission of reports to the judicial authorities ". Under article 2 of the contested decree: "Personal data and information (...) relating to the purposes mentioned in article 1 may be recorded to the strict extent that they are necessary, adequate and proportionate to the purposes mentioned in article 1. : 1 ° To all the elements relating to people, places or objects that are collected in the context of the interventions of soldiers of the national gendarmerie or the execution of their service; / 2 ° To all the elements procedures which are transmitted to the magistrates during police custody or during the processing of certain offenses relating to the traffic police. / (...) The collection and processing of personal data of the type mentioned in I of article 6 of the aforementioned law of 6 January 1978 relating to alleged racial or ethnic origin, political, philosophical or religious opinions, trade union membership, health or sex life or orientation n sexual are only possible in case of absolute necessity for the sole purposes and in strict compliance with the conditions defined in this decree, within the limits of the needs of the mission for which they are collected ".
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| On the external legality of the contested decree:
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| 3. In the first place, article 89 of the law of January 6, 1978 provides: "(...) II.- If the processing relates to the data mentioned in I of article 6, it is provided for by a provision legislative or regulatory taken under the conditions provided for in II of Article 31 ". Under the terms of II of article 31 of the same law: "Those processing operations which relate to data mentioned in I of article 6 are authorized by decree of the Council of State taken after a reasoned and published opinion of the commission. This notice is published with the decree authorizing the processing ". It follows from these provisions that the competence of the regulatory power to authorize by decree in the Council of State the processing described in point 2 is provided for by the law of January 6, 1978. The plea based on the incompetence of the Prime Minister to adopt the decree attacked can therefore only be dismissed.
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| 4. Secondly, it emerges from the documents entered into the file by the Minister of the Interior, in particular from the copy of the minute of the interior section of the Council of State, that the decree of February 20, 2020 authorizing of an automated processing of personal data known as a "mobile note-taking application" (GendNotes) does not contain any provision that would differ both from the Government's initial draft and from the text adopted by the interior section. Consequently, the applicants have no basis in claiming that the rules governing the examination by the Council of State of draft decrees have been disregarded.
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| 5. Third, it emerges from the documents in the file that the contested decree and deliberation n ° 2019-123 of the National Commission for Informatics and Freedoms dated 3 February 2020 were published in the Official Journal of February 22, 2020. October 2019. Consequently, the plea alleging the absence of publication of the opinion of this commission, provided for by the provisions of II of article 31 of the law of January 6, 1978 cited in point 3, is lacking in all eventuality, in fact.
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| 6. Fourthly, article 22 of the Constitution provides: "The acts of the Prime Minister are countersigned, where appropriate, by the ministers responsible for their execution." As it is a regulatory act, the ministers responsible for its execution are those who have the competence to sign or countersign the regulatory or individual measures that necessarily entail the execution of this act. As the contested decree does not call for any regulatory or individual enforcement measure on the part of the Keeper of the Seals, Minister of Justice and the Minister of the Armed Forces, the plea based on the lack of countersignature of these two ministers can only be ruled out. .
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| On the internal legality of the contested decree:
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| 7. The processing known as "Mobile Note-taking Application" (GendNotes) authorized by the attacked decree is implemented within the framework of interventions and investigations carried out by the soldiers of the national gendarmerie, in particular for the purposes of prevention and detection. criminal offenses, investigation and prosecution thereof or the execution of criminal sanctions, including protection against threats to public security. As such, it falls under the provisions of Title III of the Law of January 6, 1978 relating to data processing, files and freedoms taken for the transposition of the Directive of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data for the purposes of prevention and detection of criminal offenses, of investigations and prosecutions in the matter or the execution of criminal sanctions, and not of Title II of the same law relating to the processing covered by the regime provided for by the regulation of April 27, 2016 known as the general data protection regulation ("RGPD"). It also comes under the provisions common to all the processing of personal data appearing in Title I of this same law, such as those of Article 4 under the terms of which: "Personal data must be: / 1 ° Processed in a fair and lawful manner (...); 2 ° Collected for specific, explicit and legitimate purposes, and not to be subsequently processed in a manner incompatible with these purposes. (...) / 3 ° Adequate, relevant and with regard to the purposes for which they are collected, limited to what is necessary or, for processing covered by Titles III and IV, not excessive (...); / 5 ° Kept in a form allowing the identification of the persons concerned for a period not exceeding that necessary for the purposes for which they are processed ". It follows from these provisions that the interference with the exercise of the right of every person to respect for his private life constituted by the collection, storage and processing, by a public authority, of personal data, cannot be legally authorized only if it meets legitimate purposes and that the choice, collection and processing of data are carried out in an adequate and proportionate manner with regard to these purposes.
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| With regard to the purposes of the processing:
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| 8. Under the terms of its first article, the contested decree authorizes the creation of an automated processing of personal data the purpose of which is, on the one hand, to facilitate the collection and conservation, "with a view to their subsequent use in other data processing ", in particular by means of a pre-intelligence system, of information collected by soldiers of the national gendarmerie during preventive actions, investigations or interventions and, on the other hand, to facilitate the transmission of reports to the judicial authorities. If it results from the elements entered in the file within the framework of the instruction that "the subsequent use in other processing" of the data collected would aim in particular the automated supply of the business application "Software for Writing Procedures of the National Gendarmerie "and the connection with several other files via the application called" Tactical messaging ", the decree does not include any indication as to the nature and subject of the processing concerned or as to the operating conditions, in these other processing, data collected by the "Note-taking mobile application" processing (GendNotes). It follows that the purpose consisting in "subsequent use in other processing", in particular by means of a pre-information system, of the data collected does not meet the requirement of a "specific purpose", explicit and legitimate "set out in 2 ° of article 4 of the law of 6 January 1978 cited in point 7. The applicants are therefore justified in maintaining that the contested decree must be annulled in so far as it assigns such a purpose of the processing that it authorizes, without it being necessary to rule on the other means of the requests relating to the legality of the decree on this point.
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| 9. On the other hand, the other purposes of the "mobile note-taking application" (GendNotes) processing consisting, on the one hand, of facilitating the collection and conservation, for the performance of the missions entrusted to them by laws and regulations, of information collected by the soldiers of the national gendarmerie during preventive actions, investigations or interventions and, on the other hand, to facilitate the transmission of reports to the judicial authorities, which are determined, explicit and legitimate, do not disregard the provisions of article 4 of the law of January 6, 1978. It is therefore necessary to examine the other means raised in support of the requests in the light of these two purposes of the processing authorized by the contested decree.
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| With regard to the data likely to be recorded:
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| 10. Under the terms of Article 5 of the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of January 28, 1981: "Personal data forming part of the 'subject to automated processing are: (...) c) adequate, relevant and not excessive in relation to the purposes for which they are recorded ", as recalled in article 4 of the law of 6 January 1978 cited in point 7. Under article 6 of the same law: "I. - It is forbidden to collect or process personal data which reveals, directly or indirectly, racial or ethnic origins, political, philosophical or religious opinions or trade union membership of persons, or which relate to their health or sexual life. (...) / IV. - Likewise, are not subject to the prohibition provided for in I the processing, automated or not, justified by the interested public and either authorized under the conditions provided for in I of article 25 or II of article 26, or declared under the conditions provided for in V of article 22 ". Article 88 of this same law, applicable to the disputed processing, specifies that: "The processing of data mentioned in I of article 6 is possible only in the event of absolute necessity, subject to appropriate guarantees for the rights and freedoms of the data subject, and either if it is authorized by a legislative or regulatory provision, or if it aims to protect the vital interests of a natural person, or if it relates to data clearly made public by the data subject " .
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| 11. As stated in point 2, Article 2 of the contested decree authorizes the recording of personal data and information relating, on the one hand, to all the elements relating to individuals, to places or objects that are collected as part of the interventions of soldiers of the national gendarmerie or the execution of their service and, on the other hand, to all the procedural elements which are transmitted to the magistrates during guards on sight or when dealing with certain traffic offenses. The decree also authorizes the collection and processing of sensitive data falling under I of article 6 of the law of 6 January 1978, relating to alleged racial or ethnic origin, political, philosophical or religious opinions, trade union membership. , health or sex life or sexual orientation, under the conditions it specifies.
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| 12. First, under the very terms of Article 2 of the contested decree, the recording of personal data in the "Note-taking mobile application" processing (GendNotes) is not authorized, in accordance with the requirements of Article 87 of the law of 6 January 1978, only to the extent that these data are necessary, adequate and proportionate with regard to the purposes pursued mentioned in point 9. If it is not expressly provided for to specify whether the person whose data are collected, during preventive actions, investigations or interventions necessary for the exercise of judicial and administrative police missions carried out by soldiers of the national gendarmerie, is implicated or only victim or third party , nor to qualify the seriousness of the facts observed and the more or less objective nature of the data recorded, it is common ground that these data must necessarily be directly related to the reason, which must be mentioned and can be clarified in the free comments area, recording in the treatment of this person. Consequently, the pleas based on the disregard of Articles 4 and 98 of the Law of 6 January 1978 aimed at guaranteeing the right to respect for private life and the protection of personal data must be rejected.
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| 13. Secondly, with regard to personal data of a sensitive nature falling under I of article 6 of the law of 6 January 1978, it is, on the one hand, expressly specified that they can only be recorded in case of absolute necessity, this condition having to be assessed with regard only to the necessities of the intervention during which they are collected, in particular for the understanding of a fact or the subsequent qualification of an infringement. On the other hand, this sensitive data can only be entered in the free comment areas provided for in V of the appendix to the decree and it is prohibited to select a particular category of people on the basis of this information alone. Under these conditions, despite the freedom of formulation left to the soldiers of the national gendarmerie to enter this data in these zones of free comments, the authorization of recording of personal data of a sensitive nature in these zones presents appropriate guarantees within the meaning of article 88 of the law of January 6, 1978 and does not disregard, by itself, the requirements of this law under the right to respect for private life, the right to the protection of personal data and freedom of thought, conscience and religion guaranteed by the Constitution, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union.
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| Regarding access to treatment:
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| 14. Article 4 of the contested decree gives access to all or part of the information recorded in the processing, by reason of their attributions and within the limit of the need to know, on the one hand, to the military officer of the national gendarmerie editor. of the note as well as, unless he objects to it, to other soldiers of the national gendarmerie assigned to his unit and, on the other hand, to soldiers of the national gendarmerie individually designated by the editor of the note assigned in a other unit. In addition, article 4 of the contested decree provides that the judicial authorities, within the framework and within the limits of the needs of the exercise of their powers, are the recipients of the data and information recorded in this processing and that certain administrative authorities exhaustively listed may also be recipients of all or part of the data collected in the processing "by reason of their attributions and within the strict limit where the exercise of their competences makes it necessary, provided that the framework in which this information was collected makes possible this communication, and within the strict limit of the need to know ". In this latter capacity, the prefect and the sub-prefect with territorial jurisdiction, the High Commissioner of the Republic in New Caledonia and French Polynesia and the mayor of the municipality concerned can thus be recipients of data recorded in the processing. The contested decree also provides, in its article 6, that the operations of consultation and communication of data are the subject of a recording of the author, the date, the time and the reason of the operation. , as well as, where applicable, the recipients of the communication, this information being kept for a period of six years. Under these conditions, having regard to the purposes mentioned in point 9, the contested decree was able to include the administrative authorities that it targets among the recipients of the processing by strictly limiting the scope of the data concerned to only the data that they need to be aware of in order to the exercise of their powers. Consequently, the plea based on the illegality of Article 4 of the contested decree must be rejected.
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| Regarding the retention period of data:
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| 15. Article 3 of the contested decree provides for a data retention period of three months from the date of their registration, this period being able to be extended up to a maximum period of one year. While the applicants maintain that the use of this data for other processing would lead to its retention for longer periods, it follows from what has been said in point 8 that such use would in any event be illegal in the lack of determination of the processing operations likely to use the data collected in the "Note-taking mobile application" processing (GendNotes). With regard to the sole processing purposes retained in point 9, the retention period provided for in Article 3 of the contested decree does not exceed that necessary to meet it.
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| Regarding the right of opposition:
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| 16. Article 107 of the law of January 6, 1978, taken for the transposition of article 15 of the directive of April 27, 2016, provides: "I. The rights of the natural person concerned may be subject to restrictions according to the modalities provided for in II of this article from then on and as long as such a restriction constitutes a necessary and proportionate measure in a democratic society taking into account the fundamental rights and the legitimate interests of the person to: / 1 ° Avoid hindering investigations, research or administrative or judicial procedures; / 2 ° Avoid prejudicing the prevention or detection of criminal offenses, investigations or prosecutions in the matter or the execution of criminal sanctions; / 3 ° Protect public security; / 4 ° Protect national security; / 5 ° Protect the rights and freedoms of others. / These restrictions are provided for by the act establishing the processing ". On the other hand, in accordance with article 110 of this same law: "Any natural person has the right to oppose, for legitimate reasons, that personal data concerning him are the subject of a processing. / The provisions of the first paragraph do not apply when the processing meets a legal obligation or when the application of these provisions has been precluded by an express provision of the act establishing the processing ".
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| 17. Article 5 of the contested decree provides that the right of opposition provided for in article 110 of the law of 6 January 1978 does not apply to the "mobile application for note taking" (GendNotes) processing, in accordance with second paragraph of this article. It further provides, in accordance with article 107 of the same law, that "in order to avoid interfering with investigations, research or administrative or judicial proceedings or to avoid prejudicing the prevention or detection of criminal offenses, investigations or prosecutions in the matter or the execution of criminal sanctions, of undermining public security or national security ", restrictions may be made to the rights of information, access and rectification data, under the control of the National Commission for Informatics and Freedoms with which the data subject can exercise their rights. Having regard to the purposes of the "mobile note-taking application" (GendNotes) processing set out in point 9, in particular with regard to the transmission of information to the judicial authorities, the applicants are not justified in claiming that such restrictions would have an impact. excessive interference with the right to respect for private life and the protection of personal data.
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| With regard to data relating to minors:
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| 18. If the applicants invoke the stipulations of article 16 of the international convention on the rights of the child, according to which: "1. No child shall be subjected to arbitrary or unlawful interference with his privacy, his family, home or correspondence, nor unlawful attacks on his honor and reputation. 2. The child has the right to the protection of the law against such interference or attacks ", neither this convention nor any other text or principle does not prevent the authorization of the recording, in an automatic processing, of data relating to minors, provided that, in accordance with the requirements recalled in point 7, the interference with the exercise of the right respect for their privacy meets legitimate purposes and that the choice, collection and processing of data are carried out in an adequate and proportionate manner with regard to these purposes. Consequently, the plea based on the fact that specific protection of their personal data should be provided for the benefit of minors can only be rejected.
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| Regarding the insufficient security of the data collected:
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| 19. Article 121 of the law of 6 January 1978 provides: "The controller is required to take all necessary precautions, with regard to the nature of the data and the risks presented by the processing, to preserve the security of the data, and, in particular, to prevent them from being distorted, damaged, or that unauthorized third parties have access to them ". These provisions, which require the controller to materially guarantee the security of the data and to ensure that the processing is used in accordance with the rules set by the act that authorized its creation, have no impact on the legality of the data. the act by which the processing is authorized. Consequently, the plea based on the insufficient security of the data and information collected in the "mobile note-taking application" (GendNotes) processing can only be ruled out.
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| 20. It follows from all of the foregoing that the League of Human Rights, the associations Homosexualités et socialismes and Internet Society France, the associations Mousse, Stop Homophobie, Adheos et Familles A ..., the association AIDES, the Syndicat de la magistrature and le Syndicat des Avocats de France, the National Council of Bars, the Quadrature du Net and the International League against Racism and Anti-Semitism are only justified in demanding the cancellation for excess of power of the terms "in view of their use in other processing, in particular by means of a pre-information system, "appearing in 1 ° of article 1 of the decree of 20 February 2020 authorizing the automated processing of personal data referred to as "Mobile Note-Taking Application" (GendNotes). The remainder of the conclusions for annulment of the requests must be rejected, as well as the conclusions presented by Quadrature du Net tending to the pronouncement of an injunction.
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| 21. In the circumstances of the case, it is appropriate to make the State responsible for the sum of 3,000 euros to be paid to each of the applicants under Article L. 761-1 of the Code of administrative justice. D E C I D E:
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| --------------
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| Article 1: In 1 ° of article 1 of decree n ° 2020-151 of February 20, 2020, the words "with a view to their use in other processing operations, in particular by means of a pre-information system, "are canceled.
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| Article 2: The State will pay the League of Human Rights a sum of 3,000 euros under Article L. 761-1 of the Code of Administrative Justice, a sum of 3,000 euros to the associations Homosexualities and Socialisms and Internet Society France, a sum of 3,000 euros to the associations Mousse, Stop Homophobie, Adheos et Familles A ..., a sum of 3,000 euros to the AIDES association, the Syndicat de la magistrature and the Syndicat des Avocats de France , a sum of 3000 euros for the National Bar Council, a sum of 3000 euros for the Quadrature du Net and a sum of 3000 euros for the International League against Racism and Anti-Semitism.
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| Article 3: The surplus of the conclusions of the requests is rejected.
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| Article 4: This decision will be notified to the League of Human Rights, to the associations Homosexualités et socialismes and Internet Society France, to the associations Mousse, Stop Homophobie, Adheos et Familles A ..., to the association AIDES, to the Syndicat de la magistrature, the Syndicat des Avocats de France, the National Council of Bars, the Quadrature du Net and the International League against Racism and Anti-Semitism, the Prime Minister and the Minister of the Interior.
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| A copy will be sent to the Keeper of the Seals, Minister of Justice, to the National Commission for Informatics and Freedoms and to the Defender of Rights.
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| .ECLI: FR: CECHR: 2021: 439360.20210413
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| Return to the top of the pageHighlight your search termsPrintCopy textConseil d'État, 10th - 9th chambers combined, 13/04/2021, 439360, Unpublished in Lebon collectionConseil d'État -
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| 10th - 9th chambers combined N ° 439360ECLI: FR: CECHR: 2021: 439360.20210413 Unpublished in the Lebon collection Reading of the
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| Tuesday
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| April 13, 2021 Rapporteur Ms Myriam Benlolo Carabot Lawyer (s) SCP SPINOSI Full text FRENCH REPUBLIC
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| NAME OF THE FRENCH PEOPLE See the following procedures:
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| 1 ° Under number 439360, by a summary request and an additional memorandum, registered on March 6 and June 8, 2020 at the litigation secretariat of the Council of State, the association "The League of Human Rights" requests from the Council State:
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| 1 °) to cancel for excess of power decree n ° 2020-151 of February 20, 2020 authorizing an automated processing of personal data called "mobile application for note taking" (GendNotes);
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| 2 °) to charge the State the sum of 5,000 euros under Article L. 761-1 of the Code of Administrative Justice.
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| 2 ° Under number 440978, by a request and a memorandum in reply, registered on June 2, 2020 and March 9, 2021 at the litigation secretariat of the Council of State, the associations Homosexualités et socialismes and Internet Society France ask the Council of State :
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| 1 °) to cancel for excess of power decree n ° 2020-151 of February 20, 2020 authorizing an automated processing of personal data called "mobile application for note taking" (GendNotes);
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| 2) to charge the State with the sum of 3,000 euros to be paid to each of the associations under article L. 761-1 of the code of administrative justice.
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| .................................................. ..................................
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| 3 ° Under number 441151, by a request and a memorandum in reply registered on June 12, 2020 and March 23, 2021 at the litigation secretariat of the Council of State, the associations Mousse, Stop Homophobie, ADHEOS and Families-A ... ask the Council of State:
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| 1 °) to cancel for excess of power decree n ° 2020-151 of February 20, 2020 authorizing an automated processing of personal data called "mobile application for note taking" (GendNotes);
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| 2) to charge the State the sum of 3,000 euros under Article L. 761-1 of the Code of Administrative Justice.
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| .................................................. ..................................
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| 4 ° Under number 442307, by a request registered on July 30, 2020 at the litigation secretariat of the Council of State, the AIDES association, the Syndicat de la magistrature and the Syndicat des Avocats de France ask the Council of State:
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| 1 °) to cancel for excess of power decree n ° 2020-151 of February 20, 2020 authorizing an automated processing of personal data called "mobile application for note taking" (GendNotes);
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| 2) to charge the State the sum of 4,000 euros under article L. 761-1 of the code of administrative justice.
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| .................................................. ..................................
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| He maintains that the contested decree disregards Article 4 of the Law of 6 January 1978, Convention No. 108 of the Council of Europe for the protection of individuals with regard to automatic processing of personal data and the Article 8 of the Charter of Fundamental Rights of the European Union in that it unduly infringes the right to respect for private life and the corresponding right to the protection of personal data, without providing the appropriate guarantees for their protection in terms of precision on the purpose of the processing and the nature of the data collected, but also in terms of the retention period of the data, control of the recipients of the data collected and security.
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| .................................................. ..................................
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| 6 ° Under number 442363, by a summary request, an additional memorandum and a reply memorandum registered on August 2 and November 3, 2020 and on March 26, 2021 at the litigation secretariat of the Council of State, the association "La Quadrature du Net "asks the Council of State:
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| 1 °) to cancel for excess of power decree n ° 2020-151 of February 20, 2020 authorizing an automated processing of personal data called "mobile application for note taking" (GendNotes);
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| 2) to order the Minister of the Interior to delete the data collected since the entry into force of this decree, subject to a penalty of 1,024 euros per day of delay;
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| 3) to charge the State the sum of 4,096 euros under article L. 761-1 of the code of administrative justice.
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| .................................................. ..................................
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| 7 ° Under number 443239, by a request registered on August 24, 2020 at the litigation secretariat of the Council of State, the association "The International League Against Racism and Anti-Semitism" asks the Council of State:
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| 1 °) primarily, to cancel for excess of power decree n ° 2020-151 of February 20, 2020 authorizing an automated processing of personal data called "mobile application for note taking" (GendNotes);
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| 2) in the alternative, to cancel the last paragraph of article 2 of this decree authorizing the collection of sensitive data;
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| 3) to charge the State the sum of 3,000 euros under article L. 761-1 of the code of administrative justice.
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| .................................................. ..................................
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| Having regard to the other documents in the files;
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| Seen:
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| - the Constitution, in particular its Preamble;
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| - the European convention for the protection of human rights and fundamental freedoms;
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| - Convention No. 108 of 28 January 1981 of the Council of Europe for the protection of individuals with regard to automatic processing of personal data;
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| - the international convention on the rights of the child;
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| - the Treaty on European Union;
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| - the Charter of Fundamental Rights of the European Union;
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| - Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016;
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| - Directive (EU) 2016/680 of the European Parliament and of the Council of April 27, 2016;
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| - the organic law n ° 2011-833 of March 29, 2011;
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| - Law n ° 78-17 of January 6, 1978;
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| - the code of administrative justice and decree n ° 2020-1406 of November 18, 2020;
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| After hearing in public session:
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| - the report by Mrs Myriam Benlolo-Carabot, master of requests for extraordinary service,
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| - the conclusions of Mr. Alexandre Lallet, public protractor;
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| The floor having been given, after the conclusions, to the SCP Spinosi, lawyer of the Human Rights League, to the SCP Sevaux, Mathonnet, lawyer of the Aides association, of the Magistrate's Syndicate and of the Lawyers' Union de France and at SCP Boré, Salve de Bruneton, Mégret, lawyer of the National Bar Council;
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| Considering the following:
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| 1. The requests of the League of Human Rights, of the associations Homosexualités et socialismes and Internet Society France, of the associations Mousse, Stop Homophobie, Adheos et Familles A ..., of the AIDES association, of the Syndicat de la magistrature and the Syndicat des Avocats de France, the National Council of Bars, the Quadrature du Net and the International League against Racism and Anti-Semitism are directed against the same decree of February 20, 2020 authorizing automated data processing of a personal nature called "mobile note-taking application" (GendNotes). They should be joined to rule by the same decision.
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| 2. The contested decree authorizes the Minister of the Interior to implement an automated processing of personal data called "Mobile note-taking application" (GendNotes), the purposes of which, under the terms of its article 1, are "1 ° Facilitate the collection and conservation, with a view to their use in other data processing operations, in particular by means of a pre-intelligence system, of information collected by soldiers of the national gendarmerie on the occasion of preventive actions, investigations or interventions necessary for the exercise of judicial and administrative police missions; / 2 ° Facilitate the transmission of reports to the judicial authorities ". Under article 2 of the contested decree: "Personal data and information (...) relating to the purposes mentioned in article 1 may be recorded to the strict extent that they are necessary, adequate and proportionate to the purposes mentioned in article 1. : 1 ° To all the elements relating to people, places or objects that are collected in the context of the interventions of soldiers of the national gendarmerie or the execution of their service; / 2 ° To all the elements procedures which are transmitted to the magistrates during police custody or during the processing of certain offenses relating to the traffic police. / (...) The collection and processing of personal data of the type mentioned in I of article 6 of the aforementioned law of 6 January 1978 relating to alleged racial or ethnic origin, political, philosophical or religious opinions, trade union membership, health or sex life or orientation n sexual are only possible in case of absolute necessity for the sole purposes and in strict compliance with the conditions defined in this decree, within the limits of the needs of the mission for which they are collected ".
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| On the external legality of the contested decree:
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| 3. In the first place, article 89 of the law of January 6, 1978 provides: "(...) II.- If the processing relates to the data mentioned in I of article 6, it is provided for by a provision legislative or regulatory taken under the conditions provided for in II of Article 31 ". Under the terms of II of article 31 of the same law: "Those processing operations which relate to data mentioned in I of article 6 are authorized by decree of the Council of State taken after a reasoned and published opinion of the commission. This notice is published with the decree authorizing the processing ". It follows from these provisions that the competence of the regulatory power to authorize by decree in the Council of State the processing described in point 2 is provided for by the law of January 6, 1978. The plea based on the incompetence of the Prime Minister to adopt the decree attacked can therefore only be dismissed.
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| 4. Secondly, it emerges from the documents entered into the file by the Minister of the Interior, in particular from the copy of the minute of the interior section of the Council of State, that the decree of February 20, 2020 authorizing of an automated processing of personal data known as a "mobile note-taking application" (GendNotes) does not contain any provision that would differ both from the Government's initial draft and from the text adopted by the interior section. Consequently, the applicants have no basis in claiming that the rules governing the examination by the Council of State of draft decrees have been disregarded.
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| 5. Third, it emerges from the documents in the file that the contested decree and deliberation n ° 2019-123 of the National Commission for Informatics and Freedoms dated 3 February 2020 were published in the Official Journal of February 22, 2020. October 2019. Consequently, the plea alleging the absence of publication of the opinion of this commission, provided for by the provisions of II of article 31 of the law of January 6, 1978 cited in point 3, is lacking in all eventuality, in fact.
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| 6. Fourthly, article 22 of the Constitution provides: "The acts of the Prime Minister are countersigned, where appropriate, by the ministers responsible for their execution." As it is a regulatory act, the ministers responsible for its execution are those who have the competence to sign or countersign the regulatory or individual measures that necessarily entail the execution of this act. As the contested decree does not call for any regulatory or individual enforcement measure on the part of the Keeper of the Seals, Minister of Justice and the Minister of the Armed Forces, the plea based on the lack of countersignature of these two ministers can only be ruled out. .
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| On the internal legality of the contested decree:
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| 7. The processing known as "Mobile Note-taking Application" (GendNotes) authorized by the attacked decree is implemented within the framework of interventions and investigations carried out by the soldiers of the national gendarmerie, in particular for the purposes of prevention and detection. criminal offenses, investigation and prosecution thereof or the execution of criminal sanctions, including protection against threats to public security. As such, it falls under the provisions of Title III of the Law of January 6, 1978 relating to data processing, files and freedoms taken for the transposition of the Directive of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data for the purposes of prevention and detection of criminal offenses, of investigations and prosecutions in the matter or the execution of criminal sanctions, and not of Title II of the same law relating to the processing covered by the regime provided for by the regulation of April 27, 2016 known as the general data protection regulation ("RGPD"). It also comes under the provisions common to all the processing of personal data appearing in Title I of this same law, such as those of Article 4 under the terms of which: "Personal data must be: / 1 ° Processed in a fair and lawful manner (...); 2 ° Collected for specific, explicit and legitimate purposes, and not to be subsequently processed in a manner incompatible with these purposes. (...) / 3 ° Adequate, relevant and with regard to the purposes for which they are collected, limited to what is necessary or, for processing covered by Titles III and IV, not excessive (...); / 5 ° Kept in a form allowing the identification of the persons concerned for a period not exceeding that necessary for the purposes for which they are processed ". It follows from these provisions that the interference with the exercise of the right of every person to respect for his private life constituted by the collection, storage and processing, by a public authority, of personal data, cannot be legally authorized only if it meets legitimate purposes and that the choice, collection and processing of data are carried out in an adequate and proportionate manner with regard to these purposes.
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| With regard to the purposes of the processing:
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| 8. Under the terms of its first article, the contested decree authorizes the creation of an automated processing of personal data the purpose of which is, on the one hand, to facilitate the collection and conservation, "with a view to their subsequent use in other data processing ", in particular by means of a pre-intelligence system, of information collected by soldiers of the national gendarmerie during preventive actions, investigations or interventions and, on the other hand, to facilitate the transmission of reports to the judicial authorities. If it results from the elements entered in the file within the framework of the instruction that "the subsequent use in other processing" of the data collected would aim in particular the automated supply of the business application "Software for Writing Procedures of the National Gendarmerie "and the connection with several other files via the application called" Tactical messaging ", the decree does not include any indication as to the nature and subject of the processing concerned or as to the operating conditions, in these other processing, data collected by the "Note-taking mobile application" processing (GendNotes). It follows that the purpose consisting in "subsequent use in other processing", in particular by means of a pre-information system, of the data collected does not meet the requirement of a "specific purpose", explicit and legitimate "set out in 2 ° of article 4 of the law of 6 January 1978 cited in point 7. The applicants are therefore justified in maintaining that the contested decree must be annulled in so far as it assigns such a purpose of the processing that it authorizes, without it being necessary to rule on the other means of the requests relating to the legality of the decree on this point.
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| 9. On the other hand, the other purposes of the "mobile note-taking application" (GendNotes) processing consisting, on the one hand, of facilitating the collection and conservation, for the performance of the missions entrusted to them by laws and regulations, of information collected by the soldiers of the national gendarmerie during preventive actions, investigations or interventions and, on the other hand, to facilitate the transmission of reports to the judicial authorities, which are determined, explicit and legitimate, do not disregard the provisions of article 4 of the law of January 6, 1978. It is therefore necessary to examine the other means raised in support of the requests in the light of these two purposes of the processing authorized by the contested decree.
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| With regard to the data likely to be recorded:
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| 10. Under the terms of Article 5 of the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of January 28, 1981: "Personal data forming part of the 'subject to automated processing are: (...) c) adequate, relevant and not excessive in relation to the purposes for which they are recorded ", as recalled in article 4 of the law of 6 January 1978 cited in point 7. Under article 6 of the same law: "I. - It is forbidden to collect or process personal data which reveals, directly or indirectly, racial or ethnic origins, political, philosophical or religious opinions or trade union membership of persons, or which relate to their health or sexual life. (...) / IV. - Likewise, are not subject to the prohibition provided for in I the processing, automated or not, justified by the interested public and either authorized under the conditions provided for in I of article 25 or II of article 26, or declared under the conditions provided for in V of article 22 ". Article 88 of this same law, applicable to the disputed processing, specifies that: "The processing of data mentioned in I of article 6 is possible only in the event of absolute necessity, subject to appropriate guarantees for the rights and freedoms of the data subject, and either if it is authorized by a legislative or regulatory provision, or if it aims to protect the vital interests of a natural person, or if it relates to data clearly made public by the data subject " .
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| 11. As stated in point 2, Article 2 of the contested decree authorizes the recording of personal data and information relating, on the one hand, to all the elements relating to individuals, to places or objects that are collected as part of the interventions of soldiers of the national gendarmerie or the execution of their service and, on the other hand, to all the procedural elements which are transmitted to the magistrates during guards on sight or when dealing with certain traffic offenses. The decree also authorizes the collection and processing of sensitive data falling under I of article 6 of the law of 6 January 1978, relating to alleged racial or ethnic origin, political, philosophical or religious opinions, trade union membership. , health or sex life or sexual orientation, under the conditions it specifies.
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| 12. First, under the very terms of Article 2 of the contested decree, the recording of personal data in the "Note-taking mobile application" processing (GendNotes) is not authorized, in accordance with the requirements of Article 87 of the law of 6 January 1978, only to the extent that these data are necessary, adequate and proportionate with regard to the purposes pursued mentioned in point 9. If it is not expressly provided for to specify whether the person whose data are collected, during preventive actions, investigations or interventions necessary for the exercise of judicial and administrative police missions carried out by soldiers of the national gendarmerie, is implicated or only victim or third party , nor to qualify the seriousness of the facts observed and the more or less objective nature of the data recorded, it is common ground that these data must necessarily be directly related to the reason, which must be mentioned and can be clarified in the free comments area, recording in the treatment of this person. Consequently, the pleas based on the disregard of Articles 4 and 98 of the Law of 6 January 1978 aimed at guaranteeing the right to respect for private life and the protection of personal data must be rejected.
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| 13. Secondly, with regard to personal data of a sensitive nature falling under I of article 6 of the law of 6 January 1978, it is, on the one hand, expressly specified that they can only be recorded in case of absolute necessity, this condition having to be assessed with regard only to the necessities of the intervention during which they are collected, in particular for the understanding of a fact or the subsequent qualification of an infringement. On the other hand, this sensitive data can only be entered in the free comment areas provided for in V of the appendix to the decree and it is prohibited to select a particular category of people on the basis of this information alone. Under these conditions, despite the freedom of formulation left to the soldiers of the national gendarmerie to enter this data in these zones of free comments, the authorization of recording of personal data of a sensitive nature in these zones presents appropriate guarantees within the meaning of article 88 of the law of January 6, 1978 and does not disregard, by itself, the requirements of this law under the right to respect for private life, the right to the protection of personal data and freedom of thought, conscience and religion guaranteed by the Constitution, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union.
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| Regarding access to treatment:
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| 14. Article 4 of the contested decree gives access to all or part of the information recorded in the processing, by reason of their attributions and within the limit of the need to know, on the one hand, to the military officer of the national gendarmerie editor. of the note as well as, unless he objects to it, to other soldiers of the national gendarmerie assigned to his unit and, on the other hand, to soldiers of the national gendarmerie individually designated by the editor of the note assigned in a other unit. In addition, article 4 of the contested decree provides that the judicial authorities, within the framework and within the limits of the needs of the exercise of their powers, are the recipients of the data and information recorded in this processing and that certain administrative authorities exhaustively listed may also be recipients of all or part of the data collected in the processing "by reason of their attributions and within the strict limit where the exercise of their competences makes it necessary, provided that the framework in which this information was collected makes possible this communication, and within the strict limit of the need to know ". In this latter capacity, the prefect and the sub-prefect with territorial jurisdiction, the High Commissioner of the Republic in New Caledonia and French Polynesia and the mayor of the municipality concerned can thus be recipients of data recorded in the processing. The contested decree also provides, in its article 6, that the operations of consultation and communication of data are the subject of a recording of the author, the date, the time and the reason of the operation. , as well as, where applicable, the recipients of the communication, this information being kept for a period of six years. Under these conditions, having regard to the purposes mentioned in point 9, the contested decree was able to include the administrative authorities that it targets among the recipients of the processing by strictly limiting the scope of the data concerned to only the data that they need to be aware of in order to the exercise of their powers. Consequently, the plea based on the illegality of Article 4 of the contested decree must be rejected.
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| Regarding the retention period of data:
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| 15. Article 3 of the contested decree provides for a data retention period of three months from the date of their registration, this period being able to be extended up to a maximum period of one year. While the applicants maintain that the use of this data for other processing would lead to its retention for longer periods, it follows from what has been said in point 8 that such use would in any event be illegal in the lack of determination of the processing operations likely to use the data collected in the "Note-taking mobile application" processing (GendNotes). With regard to the sole processing purposes retained in point 9, the retention period provided for in Article 3 of the contested decree does not exceed that necessary to meet it.
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| Regarding the right of opposition:
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| 16. Article 107 of the law of January 6, 1978, taken for the transposition of article 15 of the directive of April 27, 2016, provides: "I. The rights of the natural person concerned may be subject to restrictions according to the modalities provided for in II of this article from then on and as long as such a restriction constitutes a necessary and proportionate measure in a democratic society taking into account the fundamental rights and the legitimate interests of the person to: / 1 ° Avoid hindering investigations, research or administrative or judicial procedures; / 2 ° Avoid prejudicing the prevention or detection of criminal offenses, investigations or prosecutions in the matter or the execution of criminal sanctions; / 3 ° Protect public security; / 4 ° Protect national security; / 5 ° Protect the rights and freedoms of others. / These restrictions are provided for by the act establishing the processing ". On the other hand, in accordance with article 110 of this same law: "Any natural person has the right to oppose, for legitimate reasons, that personal data concerning him are the subject of a processing. / The provisions of the first paragraph do not apply when the processing meets a legal obligation or when the application of these provisions has been precluded by an express provision of the act establishing the processing ".
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| 17. Article 5 of the contested decree provides that the right of opposition provided for in article 110 of the law of 6 January 1978 does not apply to the "mobile application for note taking" (GendNotes) processing, in accordance with second paragraph of this article. It further provides, in accordance with article 107 of the same law, that "in order to avoid interfering with investigations, research or administrative or judicial proceedings or to avoid prejudicing the prevention or detection of criminal offenses, investigations or prosecutions in the matter or the execution of criminal sanctions, of undermining public security or national security ", restrictions may be made to the rights of information, access and rectification data, under the control of the National Commission for Informatics and Freedoms with which the data subject can exercise their rights. Having regard to the purposes of the "mobile note-taking application" (GendNotes) processing set out in point 9, in particular with regard to the transmission of information to the judicial authorities, the applicants are not justified in claiming that such restrictions would have an impact. excessive interference with the right to respect for private life and the protection of personal data.
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| With regard to data relating to minors:
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| 18. If the applicants invoke the stipulations of article 16 of the international convention on the rights of the child, according to which: "1. No child shall be subjected to arbitrary or unlawful interference with his privacy, his family, home or correspondence, nor unlawful attacks on his honor and reputation. 2. The child has the right to the protection of the law against such interference or attacks ", neither this convention nor any other text or principle does not prevent the authorization of the recording, in an automatic processing, of data relating to minors, provided that, in accordance with the requirements recalled in point 7, the interference with the exercise of the right respect for their privacy meets legitimate purposes and that the choice, collection and processing of data are carried out in an adequate and proportionate manner with regard to these purposes. Consequently, the plea based on the fact that specific protection of their personal data should be provided for the benefit of minors can only be rejected.
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| Regarding the insufficient security of the data collected:
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| 19. Article 121 of the law of 6 January 1978 provides: "The controller is required to take all necessary precautions, with regard to the nature of the data and the risks presented by the processing, to preserve the security of the data, and, in particular, to prevent them from being distorted, damaged, or that unauthorized third parties have access to them ". These provisions, which require the controller to materially guarantee the security of the data and to ensure that the processing is used in accordance with the rules set by the act that authorized its creation, have no impact on the legality of the data. the act by which the processing is authorized. Consequently, the plea based on the insufficient security of the data and information collected in the "mobile note-taking application" (GendNotes) processing can only be ruled out.
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| 20. It follows from all of the foregoing that the League of Human Rights, the associations Homosexualités et socialismes and Internet Society France, the associations Mousse, Stop Homophobie, Adheos et Familles A ..., the association AIDES, the Syndicat de la magistrature and le Syndicat des Avocats de France, the National Council of Bars, the Quadrature du Net and the International League against Racism and Anti-Semitism are only justified in demanding the cancellation for excess of power of the terms "in view of their use in other processing, in particular by means of a pre-information system, "appearing in 1 ° of article 1 of the decree of 20 February 2020 authorizing the automated processing of personal data referred to as "Mobile Note-Taking Application" (GendNotes). The remainder of the conclusions for annulment of the requests must be rejected, as well as the conclusions presented by Quadrature du Net tending to the pronouncement of an injunction.
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| 21. In the circumstances of the case, it is appropriate to make the State responsible for the sum of 3,000 euros to be paid to each of the applicants under Article L. 761-1 of the Code of administrative justice. D E C I D E:
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| Article 1: In 1 ° of article 1 of decree n ° 2020-151 of February 20, 2020, the words "with a view to their use in other processing operations, in particular by means of a pre-information system, "are canceled.
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| Article 2: The State will pay the League of Human Rights a sum of 3,000 euros under Article L. 761-1 of the Code of Administrative Justice, a sum of 3,000 euros to the associations Homosexualities and Socialisms and Internet Society France, a sum of 3,000 euros to the associations Mousse, Stop Homophobie, Adheos et Familles A ..., a sum of 3,000 euros to the AIDES association, the Syndicat de la magistrature and the Syndicat des Avocats de France , a sum of 3000 euros for the National Bar Council, a sum of 3000 euros for the Quadrature du Net and a sum of 3000 euros for the International League against Racism and Anti-Semitism.
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| Article 3: The surplus of the conclusions of the requests is rejected.
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| Article 4: This decision will be notified to the League of Human Rights, to the associations Homosexualités et socialismes and Internet Society France, to the associations Mousse, Stop Homophobie, Adheos et Familles A ..., to the association AIDES, to the Syndicat de la magistrature, the Syndicat des Avocats de France, the National Council of Bars, the Quadrature du Net and the International League against Racism and Anti-Semitism, the Prime Minister and the Minister of the Interior.
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| A copy will be sent to the Keeper of the Seals, Minister of Justice, to the National Commission for Informatics and Freedoms and to the Defender of Rights.
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| .ECLI: FR: CECHR: 2021: 439360.20210413 Council of State, 10th - 9th chambers combined, 13/04/2021, 439360, Unpublished in the Lebon collectionConseil d'État, 10th - 9th chambers combined, 13/04/2021, 439360 , Unpublished in the Lebon collection
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| </pre> | | </pre> |
