ECHR Condemns France for Non-Respect of Right to Private Life
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ECHR, Right to Private Life, Protection of Personal Data, Proportionality, Guarantees against Improper and Abusive Uses, Landmark Decision, France, Police Files, Conservation of Personal Data
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Abstract
A landmark decision by the European Court of Human Rights (ECHR) marks the opening of new rights for individuals who have been fingerprinted, questioning the processing of police files by French authorities and the conservation of personal data. This ruling provides clarification on the right to respect for private life and the protection of personal data, emphasizing the importance of proportionality and guarantees against improper and abusive uses.
Extract
[...] The predictable censure of the prohibition on the conservation of personal data By this judgment, the ECHR condemns France for non-respect of the right to private life the interference with it being based on no foundation A. A condemnation for impossibility to erase personal data of registered individuals No questioning of the file itself or its usefulness, but questioning of the impossibility to erase personal data Right to respect for private life = protection of personal data. Information allowing, directly or not, the identification of physical persons. [...]
[...] - New condemnation of France after the automated file of fingerprints: ECHR April 2013, M. K. v. France. - STIC file turned into TAJ file: - Constitutional Council March 2012, no. 2012-652 DC : censorship of the biometric identity file that kept fingerprints of almost the entire French population. - Moreover, Constitutional Council September 2010, no. 2010-25 : for the regime of the national genetic fingerprints file (FNAEG) due to the guarantees offered by it (judicial control, erasure procedure, CNIL control, right of access for interested parties, B. [...]
[...] They inform the Public Prosecutor of this. However, due to his involvement, the partner is registered in the system for the treatment of offenses detected (STIC). He then asks the Prosecutor that his data be deleted from the STIC file, considering that the registration is unfounded due to the retraction of his concubine. By a decision of 1 December 2009, the Public Prosecutor rejected his request on the grounds that "the the procedure had been the subject of a decision to close the case without further action based on another reason than the absence of an offense or the insufficient characterization of the offense" and notifies him that no appeal against his decision is possible. [...]
[...] It is in a spirit of protection that Article 8 of the Charter of Fundamental Rights of the European Union clearly states that "every person has the right to protection of personal data concerning him or her". The challenged judgment of 18 September 2018, Brunet v. France, provides clarification by stating that the collection of nominative personal data constitutes a violation of the right to respect for private life. In this case, a violent dispute erupts in a couple. Initially, the partner decides to file a complaint. The applicant is then placed in police custody. He then decides to file a complaint against his concubine. [...]
[...] Sweden The collection of nominative personal data constitutes a violation of the right to respect for private life. Therefore, prohibition of the collection and storage of data related to a person's private life. > Right that imposes a positive and correlated obligation on public authorities to allow the interested person access to data concerning them. In this case, the STIC file = personal data in a repressive purpose. Inventory of individuals involved in penal procedures and victims of the relevant offenses. [...]
