Series of injunctions issued by CNIL
A series of injunctions have been issued by CNIL of France, for the mismanagement of a database containing fingerprints.
The CNIL of France has recently issued a series of injunctions to a government ministry – the Ministry of the Interior, for the alleged illegal storage of data, poor file management, and a lack of information given to persons whose data is stored on their system. The Automated Fingerprints File, initiated in 1987, containing the fingerprints and handprints of various people implicated in investigations, had accumulated a sizable database of the prints of over 6.2 million people. Many of these files should have been deleted for various reasons.
CNIL has accused the Ministry of the Interior of storing data unlawfully, as well as keeping data stored well beyond its lawful retention period.
According to a Euractiv report, CNIL criticized the Ministry of the Interior last month, for storing data that was not provided for under the legislation. Depending on the gravity and the nature of an offense, this data may be stored for either 10, 15 or 25 years. In the event of an acquittal or dismissal of a case however, all fingerprints and data must be deleted. In 2019, at the time of the CNIL investigation into this government ministry, over 2 million records were being kept past their retention periods. In addition, several million manual files were being kept without a legal basis, despite digitization efforts over several years. The CNIL has asked that about 7 million manual files be deleted in spite of the fact that they had not surpassed their retention period.
The injunctions issued by CNIL also concerned matters of security and information dissemination.
One of the issues raised by the CNIL was that police were able to access the files containing the aforementioned biometric information as well as other personal information with a password of only 8 characters. This data was therefore deemed insufficiently secured by the privacy authority. In addition, according to the laws of France, individuals whose information is being processed must be informed on the purposes of, as well as the responsible party or parties for that processing. This information must be disseminated to the individuals either at the time of collection or at the time of the decision.
CNIL has given the Ministry of the Interior a timeframe to take corrective action for the series of injunctions issued.
As of July 2021, the State had notified CNIL that more than three million cards had been deleted in compliance with the rules of the retention periods. With regards to the manual files however, CNIL has rejected the suggested 4 year period for their destruction, stating that the age of the cards concerned, the duration of the breach and the nature of the data concerned, did not allow for that. CNIL asked that the physical filles be disposed of by 31st December, 2022. For all other matters of compliance, the CNIL has given a deadline of 31st December 2021. According to the law, a fine cannot be imposed on the State.
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