La Ligue des droits de l'Homme – Court Ruling (France, 2024)
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Several applicants, including the The Human Rights League (la Ligue des droits de l'Homme) and the National Council of Bar Associations filed requests to The Supreme Administrative Court of France to annul the [https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000047416587 Decree of 6 April 2023]. The applicants brought forward a number of charges against the Decree, including unclear purpose of the Decree, its interference with the principle of data minimisation, right to information, right to object and the security of data. The Decree authorised the implementation of automated processing of personal data relating to the care of minors returning from areas of operation of terrorist groups. The processing covered the data of French minors, minors presumed to be French minors, as well as foreign minors present in French territory, who lived in or transited through the Iraqi-Syrian zone or any other area in which terrorist groups operate. The data included the data identifying minors, their current situation (family, judicial, administrative, medical and educational) and identification data of persons exercising the parental authority. The court rejected all requests. At the beginning the court ruled out the allegation of incompetence of the regulatory power by referring to the legal basis of the Decree ([https://www.conseil-constitutionnel.fr/le-bloc-de-constitutionnalite/texte-integral-de-la-constitution-du-4-octobre-1958-en-vigueur Article 34 of French Constitution]). Then, it explained why data-principles charges against the Decree were unfounded. First, regarding the purpose of the Decree, the court emphasised it was precisely indicated in Article 1 of Decree. The idea that stood behind the Decree was to better help minors coming from the areas exposed to terrorist groups operations. The processing of the data aimed at providing the minors with appropriate care and prevent them from getting involved in criminal activities as well as spreading radicalism. Hence,
GDPR Articles Cited
National Law Articles
Several applicants, including the The Human Rights League (la Ligue des droits de l'Homme) and the National Council of Bar Associations filed requests to The Supreme Administrative Court of France to annul the [https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000047416587 Decree of 6 April 2023]. The applicants brought forward a number of charges against the Decree, including unclear purpose of the Decree, its interference with the principle of data minimisation, right to information, right to object and the security of data. The Decree authorised the implementation of automated processing of personal data relating to the care of minors returning from areas of operation of terrorist groups. The processing covered the data of French minors, minors presumed to be French minors, as well as foreign minors present in French territory, who lived in or transited through the Iraqi-Syrian zone or any other area in which terrorist groups operate. The data included the data identifying minors, their current situation (family, judicial, administrative, medical and educational) and identification data of persons exercising the parental authority. The court rejected all requests. At the beginning the court ruled out the allegation of incompetence of the regulatory power by referring to the legal basis of the Decree ([https://www.conseil-constitutionnel.fr/le-bloc-de-constitutionnalite/texte-integral-de-la-constitution-du-4-octobre-1958-en-vigueur Article 34 of French Constitution]). Then, it explained why data-principles charges against the Decree were unfounded. First, regarding the purpose of the Decree, the court emphasised it was precisely indicated in Article 1 of Decree. The idea that stood behind the Decree was to better help minors coming from the areas exposed to terrorist groups operations. The processing of the data aimed at providing the minors with appropriate care and prevent them from getting involved in criminal activities as well as spreading radicalism. Hence,
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for La Ligue des droits de l'Homme in FR
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. La Ligue des droits de l'Homme - France (2024). Retrieved from cookiefines.eu
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