Monday, November 3, 2014

This error of law leads to another. Indeed, politicians say their treatment has the purpose to prov


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If customs and the police have the right to control the video system of registration plates, this is not the case of municipalities. Return on an important decision of the CNIL on civil liberties. By Roseline Letteron.
Motorists know or should know the LPR. This acronym pra ancona stands for "Reading automated license plate," and refers to a device that can analyze real-time video streams from boxes shooting. Specifically, the LPR can capture, read and analyze vehicle registration from the field of the camera pra ancona plate. The authority has an ANPR device can identify the owner of the gray card and connect this information with other files as the file stolen vehicles pra ancona or the Schengen Information System (SIS) on wanted persons.
So far, this system was only available to the police and customs state, including the police. Used in the form of an embedded device, it can, over traffic, locate and identify a stolen vehicle driven by a person sought, or simply speeding.
The potential of such a system have not escaped other actors, especially those of local officials that display a security policy. The town of Gujan-Mestras, a little less than 20,000 inhabitants in the south of Arcachon, the CNIL took a leave application of such a system, built from the surveillance cameras installed on its territory . Under Article L 252-1 of the Code of Homeland Security are in fact subject to such authorization CCTV systems installed on public roads, and whose records are used in automated processes to identify, directly or indirectly, individuals.
The legal basis for the refusal of the CNIL is not questionable. Articles L 233-1 and L 233-2 of the Code of Homeland Security reserve Indeed the use of such systems to the police, pra ancona gendarmerie and customs. The law also clearly defines the retention period of the data collected, when it comes to personal identification data. It states that they must be destroyed after a period of eight days after capture. This delay allows time for the authorities to consult the necessary research of offenders in the area of organized crime and the fight against terrorism files. If the search is negative, the data are destroyed one week after collection.
Demand elected Gujan-Mestras therefore in direct conflict with the laws of the Code of Homeland Security, pra ancona which state authorities reserve the use of such a system, excluding pra ancona its use by local authorities.
This error of law leads to another. Indeed, politicians say their treatment has the purpose to provide the means for further investigation as part of their mission to police national police and gendarmerie. The data would be kept for twenty-one days, not eight as the law requires state authorities, pending a hypothetical requisition forces state police, as part of the search pra ancona for violations. Yes, but the CNIL is then observed that treatment pursues a goal of public safety and research of crime must be authorized by regulation after consultation with the CNIL. The authorization procedure before pra ancona the Commission alone is not sufficient.
Finally, the CNIL has on demand a true test of proportionality. And she notes that participation in the investigation of crime is the sole purpose cited by the common

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