after the rather vague law, then the precise decree, here is the helpful circular
After the law and after the order, here is the circular, abundant but flexible, in terms of individual cameras for rural guards.
I. The law
The “global security” law n° 2021-646 of May 25, 2021 has given rise to many comments, mostly focused on the possibility, or not, of photographing the police. A subject that is certainly sensitive, but one detail among the many, and important, aspects of this important legislation.
In this sensitive and biased context, see for example the round table organized by our cabinet on the local aspect of this law (1h32):
With this law and, more broadly, with recent reforms or case law, rural guards have had little success. See however:
The fact remains that this law provided, among other measures, in its article 46, for a system of pedestrian cameras (“individual cameras” today) for the national guards.
I. – On an experimental basis, in carrying out their rural policing missions, rural guards may be authorized by the State representative in the department to proceed in all areas, through individual cameras, in an audiovisual recording of their interventions when an incident occurs or is likely to occur, due to the circumstances of the intervention or the behavior of the persons concerned.
Registration is not permanent.
The purposes of the recordings are the prevention of incidents during the interventions of the rural guards, the observation of crimes and the prosecution of their perpetrators by collecting evidence as well as training and education of agents.
The cameras are provided by the service and are carried in a transparent manner by the agents. A specific visual signal indicates whether the camera is recording. The trigger of the recording is the subject of the information of the persons captured, unless circumstances prohibit it. General public information on the use of these cameras is arranged by the Minister of the Interior. Personnel who own individual cameras cannot have direct access to the recordings they make.
Unless they are used in a legal, administrative or disciplinary context, recordings containing personal data will be deleted after six months.
The authorization mentioned in the first paragraph of I is subject to the mayor’s prior request.
When the agent works under the conditions established for Article L. 522-2 of the Internal Security Code, this request is jointly established by all the mayors of the municipalities where he is appointed.
The terms of application of this I and use of the data collected are defined by decree of the Council of State, taken after the publication and reasonable opinion of the National Commission for Computing and Liberties.
II. – The experiment provided for I applies within three years from the entry into force of the decree mentioned in the last paragraph of the same I, and at the latest six months after the publication of this law.
The experiment is eligible for the interministerial fund for the prevention of delinquency specified in article 5 of the law n° 2007-297 of March 5, 2007 related to the prevention of delinquency.
At the latest six months before the end of the experiment, the Government submits to Parliament a report evaluating its implementation. Observations of local authorities and public establishments participating in the experiment are added to the report.
Decree n° 2022-1235 of September 16, 2022 was then published implementing article 46 of law n° 2021-646 of May 25, 2021 for international security that preserves freedoms and relates to the implementation as experimental processing of personal data from individual cameras of rural wardens (NOR: IOMD2129320D):
This decree specifies the authorization methods of the prefectural authority for the use of individual cameras by rural wardens as well as the conditions under which rural wardens may carry out the audiovisual recording of their interventions.
The experiment will end on November 24, 2024.
The request for authorization comes from the mayor or the mayor’s employers (collectively in this case):
“I. – The mayor, or all the mayors of the municipalities when the national guards are likely to be equipped with individual cameras are used under the conditions provided for in article L. 522-2 of the internal security code, presented in prefect of the department a request for authorization, accompanied by the following documents:
1° A technical file showing the expected processing indicating, where applicable, when the request is presented jointly by all the mayors of the municipality where the rural warden is assigned, those of the municipalities where the secure computer medium mentioned in paragraph 1 5;
2° If applicable, an analysis of the impact on the protection of personal data of the specific processing characteristics implemented that are not included in the framework impact analysis sent by the Ministry of the Interior to the National Commission for Computing and Liberties;
3° The promise of processing compliance with the provisions of this decree provided for by IV of article 31 of law n° 78-17 of January 6, 1978 referred to above;
4° If applicable, the agreement provided for Article L. 522-2 of the Internal Security Code.
When, in accordance with Article L. 522-2 of the CSI, rural guards are likely to be assigned to the territory of several departments, the request is presented jointly to the prefects of the departments concerned.
This decree allows, on an experimental basis, the implementation of the processing of personal data from audiovisual recordings and in particular their purposes, the data recorded, the methods and duration of their conservation (6 months), the conditions of access to registrations as well. as the rights of data subjects.
The prefectural decree mentions the number of cameras and, where applicable, computer support. There is information from the CNIL on the good care of the municipality or municipality:
“II. – The order of the prefect of the department authorizing the national guards to carry out the recordings provided for by this decree specifies the number of cameras, the municipality or municipalities in the territory where they can be used and, if necessary , the municipality in which is installed on the secure computer medium mentioned in Article 5.”
“III. – Upon notification of the order, the mayor, or together all the mayors of the municipalities concerned, sends a technical file showing the processing expected and the commitment to compliance to the National Commission for Data Processing and Liberties, as well , if applicable, the analysis of the impact on the protection of personal data of the specific characteristics of the processing carried out.
Each municipality is responsible for processing personal data from recordings made in its territory by individual cameras used by rural guards. However, when rural guards are recruited under the conditions set for Article L. 522-2 of the Internal Security Code, all the municipalities to which they are assigned may be specified, under the conditions set for Article 132 of the aforementioned decree of May 29, 2019, the rules of joint responsibility for processing.
When the rural wardens have recorded an intervention under the conditions provided for in article 46 of the aforementioned law on 25 May 2021, the data recorded by the individual cameras will be transferred to a secure computer medium as soon as they are returned to service.
The recordings can only be consulted at the end of the intervention and after their transfer to the secure computer medium. No transmission system that allows remote viewing of images in real time can be implemented.
At the latest six months before the end of the experiment, the Government will submit a report to Parliament that will, in particular, evaluate the conditions of the experiment and the impact of the use of individual cameras on the progress of the interventions carried out. of the country’s guards and will determine the number of municipalities that participated in the experiment, the number of cameras put into service, the number of recordings made as well as the number of legal, administrative and disciplinary procedures for the need for which it was performed. out of viewing and retrieving data from individual cameras.
The Information Note was then released on November 14, 2022 Or IOMD2229341N
III. And now the circle
related to the procedures for the implementation of individual cameras of rural guards and the processing of personal data from these individual cameras (NOR: IOMD2229341N ) as follows:
The Information Note was then released on November 14, 2022
This circular makes the interpretations of the procedure more flexible, especially regarding the authorization procedure (mayor’s request).