French EDVIGE decree withdrawn

(Dieser Artikel ist auch in deutscher Sprache verfügbar)

It seems the demonstrations that took place on 16 October against the EDVIGE
decree have found an echo with the French authorities. The French Government
has finally withdrawn the EDVIGE file after a very strong mobilisation of
the citizens through the “No to EDVIGE” group that gathered several
associations and unions, including EDRi-member IRIS (Imaginons un Réseau
Internet Solidaire).

The withdrawal of the decree is different from the abrogation in the sense
that the withdrawal has a retroactive character meaning that all the
information gathered since the creation of EDVIGE 1.0 has to be destroyed.
The RG file, introduced in 1991, previous to EDVIGE, will remain valid until
31 December 2009 but no information will be added to it starting with 1 July
2008.

However, the liberty advocates and associations are still vigilant and stay
careful while waiting for the occurrence of the newly envisaged file called
EDVIRSP which has not yet been published. The new version which should
exclude the collection of personal data related to health, sexuality or data
on personalities or minors below 13 is now with the French Data Protection
Authority – CNIL (Commission nationale de l’informatique et des libertés)
before being sent to the State Council.

IRIS and the rest of the “No to EDVIGE” group are still concerned by some of
the issues of the new version such as the creation of a file based on
suspicions and not facts, the collection of data related to religious
beliefs, ethnical origin, union membership, political opinions as well as
data on minors older than 13.

So, for the time being, before the issue of a new file, the data already
collected for the withdrawn EDVIGE file cannot be used which means that
the police cannot gather data at this point. However, there are concerns
that, in this case, the police will use other sources such as Cristina, a
similar file to EDVIGE, which is a defence classified file that can provide
the legal basis for the collection of data.

“We are now under a legal blur and this blur is never favourable to
liberties’ said Helène Masse-Dessen, lawyer of “No to EDVIGE” group.

IRIS Press release on the withdrawal of EDVIGE1.0 – First citizen victory
but vigilance stays in place (only in French, 20.11.2008)
http://www.iris.sgdg.org/info-debat/comm-edvige1108.html

Decree no. 2008-1199 of 19 November 2008 on the withdrawal of decree no.
2008-632 of 27 June 2008 on the creation of automatic treatment of personal
data called EDVIGE (only in French, 21.11.2008)
http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000019774085

Withdraw EDVIGE1.0 team Press Release – « No to EDVIGE » team congratulates
itself but stays mobilized (only in French, 21.11.2008)
http://nonaedvige.ras.eu.org/spip.php?article920

The Edvige file officially withdrawn but not yet replaced (only in French,
21.11.2008)
http://www.lesechos.fr/info/france/4800116-le-fichier-edvige-officiellement-retire-mais-pas-encore-remplace.htm

The Edvige file officially withdrawn, the opponents stay “vigilant” (only in
French, 20.11.2008)
http://www.google.com/hostednews/afp/article/ALeqM5gRs-meyd–OCvfnMRd3rHruoHU7Q

EDRi-gram: Protests in France against the Edvige file on St. Edwige day
(22.10.2008)
http://www.edri.org/edri-gram/number6.20/edvige-saint-edwige-day