French Customs censured for illegal retention of personal data
French IT news site Le Monde Informatique reports that the French Customs authorities have been sent a formal notice by the CNIL, France’s data privacy regulator, in respect of an illegal data file containing the details of more than 45,000 people, including copies of identity documents and records of criminal offences.
Businesses are not the only organisations with which the CNIL has found fault for holding illegal files containing personal data. Public sector organisations can also fall foul of the law.
The French Customs authorities, which come under the control of the Ministry for the Economy have been caught red-handed following a report in respect of Customs’ file used for recording information about vessels and their crews which is known as SIRENE. Intended to identify all the people checked at sea or in port in order to combat fraud, this system was in fact developed and implemented with no legal basis and not in accordance with the law, according to the CNIL
Checks were carried out by Customs’ Channel-North Sea-Atlantic coastguard service and inspections revealed that recourse to this system did not comply with France’s Data Protection Act. This data system actually lists information about the vessels checked and their passengers, including personal information such as marital status, address, occupation and copies of identity documents, as well as criminal convictions (drug trafficking, counterfeiting, off-the-books employment, failure to co-operate, sexual assault, possession of illegal weapons, intentional homicide and murder).
6 months to comply or be fined
All told, the details of 45,793 persons – including 392 minors – are included in the SIRENE file. “The creation and use of the SIRENE file are not provided for by any legislation (for example a law or a decree). In addition, the CNIL has not received a request for an opinion concerning its implementation, in violation of the Data Protection Act (articles 87 and 89, the CNIL explained. Other grievances have also been lodged against the Ministry for the Economy, such as the failure to send an impact assessment in respect of the protection of personal data and the lack of a clear distinction between the data of the different categories of persons concerned. or the fact that the latter were not made aware that their data had been included.
Following the CNIL’s formal notice, the Ministry for the Economy and Customs have 6 months to comply otherwise a penalty could be issued.