French General Code of Local Authorities
In forceI.-In order to facilitate the detection of breaches of traffic regulations adopted pursuant to Article L. 2213-4-1 and to enable evidence of these offences to be gathered and their perpetrators to be tracked down, fixed or mobile automated vehicle identification data monitoring systems may be implemented by the national police and gendarmerie services or by the municipal police services of the municipalities in whose territory a low mobility emission zone has been set up or, for the zone set up in Paris, by the service to which the Paris surveillance officers report.
II - The implementation of the control devices is authorised by order of the representative of the State in the department and, in Paris, by the Prefect of Police.
The locations of the fixed devices are determined by the local authorities.
The locations where the fixed devices are installed are determined taking into account the levels of atmospheric pollution observed on the traffic routes concerned.
The authorisation may not be issued for a period of more than one year.
Authorisation may only be granted if:
2° The ratio between the number of control devices enabling automated processing of vehicle identification data mentioned in III of this article deployed on a given day within the low emission mobility zone and the total length of the public roadway measured in kilometres does not exceed 0.025;
> The locations selected for the deployment of the control devices are as follows
3° The deployment sites selected do not have the effect of enabling all vehicles entering the low-emission mobility zone or a continuous space within this zone to be checked;
The conditions laid down for the issue of the permit are as follows.
The conditions laid down for the issue of the authorisation must be complied with when mobile monitoring devices are added.
The application for authorisation must be accompanied by a study of traffic and pollution within the low-emission mobility zone to assess compliance with the conditions set out in 1° to 3° of this II.
The rate referred to in 1° of this II must not exceed the rate set out in 2° of this II.
The rate referred to in 1° of this II is the ratio between the number of vehicles that have given rise to the automated processing mentioned in the second paragraph of III and the average number of vehicles that have travelled in the zone.
The eighth and penultimate paragraphs and the conditions mentioned in 1° and 2° of this II do not apply when the devices implemented for the purposes mentioned in I make it possible to ensure that a vehicle complies with the traffic rules mentioned in I without the automated processing mentioned in the second paragraph of III being implemented.
III.
III - Personal data collected by means of the devices referred to in I may, for the purposes set out in I, be processed automatically under the conditions set out in Act no. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties.
This automated processing may include consultation of the file of vehicles for which an identification based on their contribution to limiting atmospheric pollution has been issued pursuant to article L. 318-1 of the Highway Code, as well as the files of vehicles authorised to circulate on the roads and spaces concerned. Only in cases where these consultations do not allow such verification to be carried out, may they also include a consultation of the vehicle registration system provided for in article L. 330-1 of the same code. These queries, which take place immediately after the vehicle identification data has been collected, only concern data relating to the vehicle's characteristics and its contribution to limiting air pollution and may not be used to identify the holder of the vehicle registration certificate.
As soon as one of the vehicle registration systems has been queried, the vehicle registration system is automatically updated.
As soon as consultation of one of these files has made it possible to ascertain whether a vehicle complies with the traffic regulations referred to in I of this article, the data collected relating to that vehicle will be destroyed immediately.
Data relating to other vehicles will be destroyed immediately.
Data relating to other vehicles is immediately processed to mask images enabling the occupants of the vehicle to be identified, irreversibly in the case of third parties and passengers in the vehicle. The images may be recorded and kept for a period of no more than eight working days from the time they are collected, subject to the requirements of criminal proceedings.
At the request of the holder of the vehicle registration certificate, the images may be recorded and kept for a period of no more than eight working days from the time they are collected, subject to the requirements of criminal proceedings.
At the request of the holder of the registration certificate or one of the persons mentioned in the last three paragraphs of Article L. 121-2 of the Highway Code, to whom the fixed fine notice has been sent, or the officer of the Public Prosecutor's Office in the event of requests or complaints, the data controller will communicate data enabling the driver of the vehicle to be identified.
Only municipal police officers working in municipalities in which a low-emission mobility zone has been set up pursuant to article L. 2213-4-1 of this code and, for the zone set up in Paris, Paris surveillance officers shall have access to data from the processing operations provided for in the first paragraph of this III.
When the devices and processing operations referred to in this III are used to identify the driver of a vehicle, the data shall be used to identify the vehicle.
IV.-When the automated systems and processing provided for in this article are implemented by the State at the request of a local authority or a public establishment for inter-communal cooperation that has created a low-emission mobility zone, an agreement between the State and the authority or establishment concerned defines the terms and conditions of such implementation and, where applicable, the contribution of the authority or establishment to its financing.
