Chapter V: PROVISIONS APPLICABLE IN FRENCH POLYNESIA

For the application of this book in French Polynesia:
1° In article L. 140-1, the reference to Article L. 142-4 is deleted;
2° In Article L. 141-2, the words: "or transfer to the State responsible for examining their asylum application" are deleted;
3° Article L. 142-1 is worded as follows:

"Art. L. 142-1.-In order to better guarantee the right of residence of legal residents and to combat the illegal entry and residence of foreign nationals in French Polynesia, the fingerprints and a photograph of foreign nationals may be taken, stored and be the subject of automated processing of personal data under the conditions laid down by the rules in force in mainland France pursuant to Regulation (EU) 2016/679 of 27 April 2016 and by Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms:
" 1° Who apply to a consulate for a visa to stay in France. These fingerprints and this photograph must be taken if a visa is issued;
" 2° Who, not being nationals of a Member State of the European Union, are applying for the issue of a residence permit pursuant to Article L. 411-1;
" 3° Who are illegally present in French Polynesia, who are subject to a removal order from the territory in French Polynesia or who do not meet the entry conditions provided for in Article L. 311-1. ";

4° Article L. 142-2 is worded as follows:

"Art. L. 142-2.-The data in the automated fingerprint files managed by the Ministry of the Interior may be consulted by expressly authorised agents of the Ministry of the Interior departments, under the conditions laid down by the rules in force in mainland France pursuant to Regulation (EU) 2016/679 of 27 April 2016 and by Act No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, with a view to identifying a foreign national :
" 1° Who has not provided proof of the papers or documents under cover of which he or she is authorised to travel or reside in French Polynesia;
" 2° Who has not presented the competent administrative authority with travel documents;
" 3° Or who, in the absence of these, has not communicated information enabling the enforcement of a measure refusing entry into French Polynesia, an administrative ban on the territory, an expulsion order or an obligation to leave French territory or who, having been expelled or having been subject to an administrative or judicial ban on the territory, will have re-entered French Polynesia without authorisation. ";

5° In article L. 142-3, the references to Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data are replaced by the reference to the rules in force in mainland France under Regulation (EU) 2016/679 of 27 April 2016;
6° In Article L. 142-5, references to articles L. 142-1 to L. 142-4 are replaced by references to articles L. 142-1 to L. 142-3.