Section 1: Background files

The processing of personal data is carried out under the supervision of the public prosecutor with territorial jurisdiction, who, on his or her own initiative or at the request of the person concerned, may order that the data be deleted, supplemented or rectified, particularly in the event of a judicial reclassification, or that it be noted. Rectification for judicial requalification is automatic. The public prosecutor will decide within two months on the appropriate action to be taken in response to the requests made to him or her. The person concerned may make such a request without delay following a final decision to acquit, acquit, convict with no penalty or no mention in the criminal record, dismiss the case or close the case. In all other cases, the person may only make the request if there is no criminal record in bulletin no. 2 of their criminal record. In the event of a final decision to acquit or acquit the accused, the personal data concerning the accused is deleted, unless the public prosecutor orders it to be retained, in which case a note is made about it. When the public prosecutor prescribes the retention of personal data relating to a person who has benefited from a final decision to acquit or acquit, he shall notify the person concerned. In the event of a decision to dismiss or close the case, the personal data relating to the accused persons shall be mentioned, unless the Public Prosecutor orders the deletion of the personal data. Where personal data relating to the person concerned is mentioned, it may not be consulted as part of the administrative investigations provided for in Articles L. 114-1 and L. 234-1 to L. 234-3 of the Internal Security Code and the article 17-1 of Law no. 95-73 of 21 January 1995 on security policy and programming. The decisions of the Public Prosecutor provided for in this paragraph ordering the retention or deletion of personal data or ordering that they be mentioned are taken for reasons relating to the purpose of the file with regard to the nature or circumstances of the commission of the offence or the personality of the person concerned.

Decisions to delete or rectify nominative information taken by the Public Prosecutor shall be brought to the attention of the managers of all automated processing operations for which, subject to their own deletion or rectification rules, these measures have consequences for the retention period of personal data.

The decisions of the public prosecutor may be appealed to the president of the investigating chamber.

The public prosecutor has direct access to the automated processing of personal data mentioned in article 230-6.