Without fanfare, in two decrees published this weekend in the official gazette, the government raised Hedwig, the famous file collection of personal information left as very critical. The first text is the prevention of harm to public safety, the second securing sensitive jobs. Two reasons for a very large collection of personal information. The first decree concerns the "creation of the application on the prevention of harm to public safety" and therefore seeks to prevent harm to public safety. It aims to "collect, store and analyze information concerning persons whose individual or collective activity indicates that it may jeopardize public safety." The text then freezes on attitudes, actions indicate that they "may" undermine public security, not the infringement to be consumed. The file allows a large number of records of data category, "strictly as they are necessary to further [the purpose]." Since the purpose is unclear, as saying that the floodgates are open:
-Information relating to civil status,
-nationality and profession,
-physical addresses,
-phone numbers and email addresses;
-Physical signs and objectives,
-photographs;
-Titles identity;
-Vehicle registration;
-Patrimonial information;
- Public events, and travel behavior;
- Actions likely to receive a criminal offense;
- Persons maintaining or having maintained direct relations and not incidental to that person. Categories vast
Several drawers are veritable bottomless pit like the famous "acts likely" to be criminally prohibited, or "behaviors", the "displacement", but the whole fabric of his connections with relatives (friends, buddies, family , coworkers, etc..). Only thin wall: "The treatment does not include facial recognition device from a photograph. Anyway, this treatment would be unnecessary, since the text can be gleaned with a vengeance "signs and specific physical targets, [and] photographs." Smile, you're stuck. But that's not all, this file allows the collection of information:
-with physical signs and objectives as part of reporting person;
- geographical origin;
- in political activities, philosophical, religious or trade union.
Centralization of the ecosystem of a person
Thus the entire ecosystem of a person who is likely to be stuck, centralized, big blur brotherisé pretext of "undermining public security". While the text is still forbidden "to select treatment in a particular category of persons from these data alone. But it prohibits not to combine: eg religious activity with a person's behavior.
Information stored 10 years,regenerative
This information will be stored for a nice term: ten years "after the intervention of the last event likely to show a risk to public safety that gave rise to a record. Suffice to say that this period will be renewable as long as your attitudes, your social behavior does not fall under the nails.
Minors under 13 years
Better yet, this information may also receive minor thirteen years. The only difference is that the retention period is limited to 3 years. Who can access? Some officials of the central management of public security, officials of the prefecture of police serving in charge of intelligence services, staff groups specializing in the fight against urban violence or the phenomena of bands, agents of a service national police or gendarmerie (specific request)
No penalty for cross-use prohibited
Small guarantee: "The treatment shall be no cross, no reconciliation and no form of formal relationship with other treatments or files. It is not possible in the state to join different files. But the decree but forgets to specify the penalty assigned to the ban. Too bad. A situation more difficult than the right to access the right information or the right recognized opposition to all citizens by the 1978 Act does not apply here.
The CNIL, single bolt
The only guarantee is that of the control that will perform the National Commission on Informatics and Freedoms. In addition, each year a report will establish the audit activities, update and delete data stored in the processing. When one knows how low the CNIL, we can worry a little more of these measures ...
Securing jobs sensitive subject of the second order
The second decree establishes automated processing of personal data referred to as "administrative investigations related to public safety." The aim this time to facilitate the completion of investigations in the context of public employment with the exercise of sovereignty missions of the State, public or private employment in the field of security or defense, field games, paris and shopping. The file allows the collection of information on marital status, nationality and profession, physical addresses, phone numbers and email addresses and photographs of the person, the identity papers. The text can still save "the evidence to determine whether the conduct of the person concerned is not inconsistent with the duties or tasks envisaged, given their nature." Political activity, religious or philosophical association, everything goes. Data is stored for a maximum of five years and will target children under 16 years. Individuals may use this information are roughly the same as the first file.
Both texts were signed by François Fillon and Brice Hortefeux.
The IRIS Association (Imagine an Internet joint) feel that Hedwig Hedwig A and B, nicknames given to the two texts, "are no more acceptable than the file EDVIGE, they are clones. There is no doubt they will generate the same refusal citizens and give rise to the same legal remedies. "