Décision de justice

Amendment of provisions of the French Internal Security Code on personal data processing – Urgent decisions of 4 January 2021

Applications: Several associations and trade unions applied to the Conseil d’État to stay the execution of three decrees of 2 December 2020 amending the provisions of the French Internal Security Code (CSI) on personal data processing :

•    Decree no. 2020-1510 for the “Security-related administrative investigations” (EASP) file
•    Decree no. 2020-1511 for the “Prevention of public safety breaches” (PASP) file
•    Decree no. 2020-1512 for the “Information management and prevention of public safety breaches” (GIPASP) file.

Decision of the Conseil d'État: the urgent applications judge dismissed the applications by the associations and trade unions.

Following discussions during the hearing held on 23 December, the urgent applications judge found that none of the arguments put forward by the applicants was sufficient to raise a serious doubt over the legality of the provisions. As the preparatory stages stand, the three decrees of 2 December 2020, which limit the collection of the data concerned and access to those data to the minimum required to prevent breaches of public safety or national security, do not represent a disproportionate breach of freedom of opinion, conscience and religion, or freedom of association.

> Read the decisions (in French)