The Council of State partially questioned Tuesday, April 13 the controversial file of the gendarmerie "
GendNotes
", denouncing the risks of drift and misappropriation of the data collected by this application, but refused to cancel the decree authorizing its creation .
To read also: The application of the gendarmes, GendNotes, causes concern
Designed to facilitate the work of the gendarmes in the field, the "
GendNotes
"
application
allows you to enter ethnic, religious or political data if they are "
strictly necessary
".
Associations such as the League of Human Rights (LDH) had filed an appeal with the Council of State for fear that it would allow a "
registration
" of the population.
The LDH requested the annulment of the decree of February 2020 creating “
GendNotes
”.
In its decision, the Council of State annulled an article of this decree which provides that its data can be used "
in other processing, in particular through a pre-intelligence system
".
The contested article did not specify the identity and nature of these other files to which the data collected via "
GendNotes
"
could be transferred
.
Safeguards
On the other hand, the Council of State refused to annul the part of the decree which allows the collection of sensitive data, relating in particular to political, philosophical or religious opinions or even to sexual orientation and racial origin.
The administrative judge, however, established safeguards by recalling that this data could only be collected in the event of "
absolute necessity
" and repeated that it was forbidden to carry out searches of persons on the basis of data relating to the sexual orientation or political opinions.
These two details complete and incorporate the decree.
“
This decision constitutes at best a half-victory.
In any case, it requires associations to remain very vigilant, in the future, concerning the protection of personal data
, ”reacted LDH lawyer Patrice Spinosi.
