Page 1

Decree n ° 2018-687 of August 1, 2018 taken for
the application of Law No. 78-17 of 6 January 1978 relating to
data processing, files and freedoms, modified by the
Law n ° 2018-493 of June 20, 2018 relating to the protection of
personal data
Data last update for this text: August 04, 2018
NOR: JUSC1815709D
JORF n ° 0177 of August 3, 2018
Version in force on 06 June 2021

The Prime Minister,
On the report of the Keeper of the Seals, Minister of Justice,
Having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to
the protection of individuals with regard to the processing of personal data
personnel and the free movement of such data, and repealing Directive 95/46 / EC;
Having regard to Directive (EU) 2016/680 of the European Parliament and of the Council of April 27, 2016 relating to
the protection of individuals with regard to the processing of personal data
personnel by the competent authorities for the purpose of preventing and detecting infringements
criminal proceedings, investigations and prosecutions in the matter or the execution of criminal sanctions, and the
free movement of such data, and repealing Council Framework Decision 2008/977 / JHA;
Considering the code of social action and families;
Having regard to the defense code;
Considering the code of administrative justice;
Having regard to the code of judicial organization;
Having regard to the heritage code;
Having regard to the penal code;
Having regard to the code of criminal procedure;

Page 2

Having regard to the code of relations between the public and the administration;
Having regard to the public health code;
Having regard to the internal security code;
Considering the law of July 29, 1881 on freedom of the press;
Considering the law n ° 51-711 of June 7, 1951 on the obligation, the coordination and the secrecy as regards
statistics ;
Considering the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, modified
most recently by law n ° 2018-493 of 20 June 2018 relating to data protection
personal;
Considering the amended penitentiary law n ° 2009-1436 of November 24, 2009;
Considering the ordinance n ° 45-174 of February 2, 1945 relating to delinquent children, modified;
Considering the decree n ° 2005-1309 of October 20, 2005 taken for the application of the law n ° 78-17 of 6
January 1978 relating to data processing, files and freedoms, modified;
Considering the decree n ° 2006-781 of July 3, 2006 fixing the conditions and the methods of payment of
costs incurred by the temporary travel of State civilian personnel;
Considering the decree n ° 2016-1930 of December 28, 2016 simplifying the preliminary formalities
relating to processing for statistical or research purposes;
Considering the deliberation n ° 2018-284 of June 21, 2018 bearing the opinion of the National Commission of
information technology and freedoms;
Having regard to the opinion of the National Standards Assessment Council dated July 5, 2018;
After hearing the Council of State (interior section),
Decrees:

Title I: PROVISIONS AMENDING DECREE N °
2005-1309 OF 20 OCTOBER 2005 (Articles 1 to 27)
Article 1

The aforementioned decree of October 20, 2005 is amended in accordance with the provisions of
Articles 2 to 27 of this decree.

Page 3

Article 2
Modified the following provisions
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 3 (Ab)
Article 3
Modified the following provisions
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 4 (Ab)
Article 4
Modified the following provisions
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 4-1 (Ab)
Article 5
Modified the following provisions
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 6 (Ab)
Article 6
Modified the following provisions
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 6-1 (Ab)
Article 7
Modified the following provisions
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 6-2 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 6-3 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 6-4 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 6-5 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 6-6 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 6-7 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 6-8 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 6-9 (Ab)
Article 8
Modified the following provisions
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 7 (Ab)

Page 4

Article 9
Modified the following provisions
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 8 (Ab)
Article 10
Modified the following provisions
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 9 (Ab)
Article 11
Modified the following provisions
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 10 (Ab)
Article 12
Modified the following provisions
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 11 (Ab)
Article 13
Modified the following provisions
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 12 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 12-1 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 13 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 14 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - Chapter II: Declarations. (Ab)
Article 14
Modified the following provisions
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 15 (Ab)
Article 15
Modified the following provisions
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 17 (Ab)
Article 16

Page 5

Section 19 is repealed.
Article 17
Modified the following provisions
● Moves Decree n ° 2005-1309 of October 20, 2005 - art. 28 (Ab)
● Moves Decree n ° 2005-1309 of October 20, 2005 - art. 29 (Ab)
● Moves Decree n ° 2005-1309 of October 20, 2005 - art. 30 (Ab)
● Moves Decree n ° 2005-1309 of October 20, 2005 - art. 31 (Ab)
● Moves Decree n ° 2005-1309 of October 20, 2005 - art. 33 (Ab)
● Created Decree n ° 2005-1309 of October 20, 2005 - Section 2: Special provisions
relativ ... (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - Chapter IAb: Provisions
particular relati ... (V)
● Created Decree n ° 2005-1309 of October 20, 2005 - Section 1: Common provisions
relating to ... (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - Section 3: Simplified procedures
(Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - Section 4: Information procedures
people ... (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - Sub-section 1: Presentation and
instruction of ... (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - Sub-section 2: Composition and
operation ... (Ab)
● Created Decree n ° 2005-1309 of October 20, 2005 - Sub-section 3: Composition and
operation ... (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - Sub-section 4: Composition and
operation ... (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 19 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 19-1 (Ab)
● Moves Decree n ° 2005-1309 of October 20, 2005 - art. 20 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 20 (Ab)
● Moves Decree n ° 2005-1309 of October 20, 2005 - art. 21 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 21 (Ab)
● Moves Decree n ° 2005-1309 of October 20, 2005 - art. 22 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 22 (Ab)
● Moves Decree n ° 2005-1309 of October 20, 2005 - art. 23 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 23 (Ab)
● Moves Decree n ° 2005-1309 of October 20, 2005 - art. 24 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 24 (Ab)
● Moves Decree n ° 2005-1309 of October 20, 2005 - art. 25 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 25 (Ab)

Page 6

● Moves Decree n ° 2005-1309 of October 20, 2005 - art. 26 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 26 (Ab)
● Moves Decree n ° 2005-1309 of October 20, 2005 - art. 27 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 27 (Ab)
● Moves Decree n ° 2005-1309 of October 20, 2005 - art. 32 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 32 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 32-1 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 32-2 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 32-3 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 32-4 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 32-5 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 32-6 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 34 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 34-2 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 34-3 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 34-4 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 35 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 36 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 37 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 38 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 40 (Ab)
Article 18
Modified the following provisions
● Repeals Decree n ° 2005-1309 of October 20, 2005 - Chapter VI: Special provisions
relati ... (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 41-1 (Ab)
Article 19
Modified the following provisions
● Repeals Decree n ° 2005-1309 of October 20, 2005 - Chapter II: From the correspondent to the
protection ... (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - Chapter I: From the correspondent to the
protection ... (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - TITLE III: DELEGATES TO THE
PROTECTION OF DO ... (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 42 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 43 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 44 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 45 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 46 (Ab)

Page 7

● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 47 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 48 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 49 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 50 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 51 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 52 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 53 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 54 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 55 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 56 (Ab)
Article 20
Modified the following provisions
● Created Decree n ° 2005-1309 of October 20, 2005 - Section 2: The empowerment of members and
agent ... (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - Section 3: On-site control. (Ab)
● Created Decree n ° 2005-1309 of October 20, 2005 - Section 4: Online control (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - Section 5: Hearing upon summons.
(Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - Section 6: Recourse to experts.
(Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - Section 7: Professional secrecy. (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 57 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 60-1 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 60-2 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 60-3 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 62 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 62-1 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 63 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 64 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 65-1 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 66 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 67 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 68 (Ab)
Article 21
Modified the following provisions
● Modifies Decree n ° 2005-1309 of October 20, 2005 - Chapter II: Measures and sanctions
(Ab)
● Created Decree n ° 2005-1309 of October 20, 2005 - Section 5: Cooperation and assistance
(Ab)

Page 8

● Created Decree n ° 2005-1309 of October 20, 2005 - Sub-section 1: Common provisions
(Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - Sub-section 2: Warning and warning
in last ... (Ab)
● Created Decree n ° 2005-1309 of October 20, 2005 - Sub-section 3: Restricted training
(Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - Sub-section 4: The Commission
national i ... (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - Sub-section 5: Procedure in the event of
circumstance ... (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 73 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 74 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 75 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 76 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 77 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 78 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 78-1 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 79 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 80 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 81 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 81-1 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 81-10 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 81-2 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 81-3 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 81-4 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 81-5 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 81-6 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 81-7 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 81-8 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 81-9 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 82 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 82-1 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 82-2 (Ab)
Article 22
Modified the following provisions
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 84 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 86 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 87 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 87-1 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 89 (Ab)
Article 23

Page 9

Modified the following provisions
● Modifies Decree n ° 2005-1309 of October 20, 2005 - Chapter I: The obligation
incomplete information ... (Ab)
● Created Decree n ° 2005-1309 of October 20, 2005 - Section 5: Guarantees and exemptions
applicable ... (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - TITLE AbI: OBLIGATIONS
RESPONSIBLE ... (V)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 100-1 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 91-1 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 92 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 93 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 94 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 95 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 96 (Ab)
Article 24
Modified the following provisions
● Repeals Decree n ° 2005-1309 of October 20, 2005 - Chapter II: Information of
responsible for ... (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - Chapter I: Prior formalities
incumbent ... (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - TITLE AbII: TRANSFERS OF
CHARACTER DATA ... (V)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 101 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 102 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 103 (Ab)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 104 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 105 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 106 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 107 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 108 (Ab)
● Repeals Decree n ° 2005-1309 of October 20, 2005 - art. 109 (Ab)
Article 25
Modified the following provisions
● Created Decree n ° 2005-1309 of October 20, 2005 - Chapter II: Human rights
concerned (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - Chapter III: Cooperation (Ab)
● Created Decree n ° 2005-1309 of October 20, 2005 - Chapter I: General provisions
(Ab)

Page 10

● Modifies Decree n ° 2005-1309 of October 20, 2005 - TITLE VIII: PROVISIONS
APPLICABLE TO THE TREATIES ...
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 110 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 110-1 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 110-2 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 110-3 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 110-4 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 110-5 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 110-6 (Ab)
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 110-7 (Ab)
Article 26
Modified the following provisions
● Modifies Decree n ° 2005-1309 of October 20, 2005 - Chapter V: Special provisions
relativ ... (V)
● Modifies Decree n ° 2005-1309 of October 20, 2005 - art. 41 (Ab)
Article 27
Modified the following provisions
● Creates Decree n ° 2005-1309 of October 20, 2005 - art. 91-2-1 (Ab)

Title II: MISCELLANEOUS AND FINAL PROVISIONS (Articles 28 to 33)
Article 28
Modified the following provisions
● Amends Code of Criminal Procedure - art. R40-30 (V)
● Amends Code of Criminal Procedure - art. R40-31 (V)
● Amends Code of Criminal Procedure - art. R40-32 (V)
● Amends Code of Criminal Procedure - art. R40-33 (V)
● Amends Code of Criminal Procedure - art. R57-9-24 (V)
Article 29
Modified the following provisions
● Amends Criminal Code - art. R625-10 (M)
● Amends Criminal Code - art. R625-11 (M)
● Amends Criminal Code - art. R625-12 (M)
Article 30

Page 11

Modified the following provisions
● Amends Code of Administrative Justice - art. R555-1 (M)
● Modifies the Code of judicial organization - art. R213-5 (M)
Article 31
Modified the following provisions
● Modifies Decree n ° 2016-1930 of December 28, 2016 - art. 1 (V)
● Modifies Decree n ° 2016-1930 of December 28, 2016 - art. 5 (V)
● Modifies Decree n ° 2016-1930 of December 28, 2016 - art. 7 (V)
● Modifies Decree n ° 2016-1930 of December 28, 2016 - art. 9 (V)
Article 32

The National Commission for Informatics and Freedoms immediately transmits to
data controllers all requests for the implementation of
rights of access, rectification or erasure provided for in section 3 of chapter XIII
of the aforementioned law of 6 January 1978 which were sent to it before the entry into force
of this decree. The response time from the controller mentioned in
article 110-5 of the aforementioned decree of October 20, 2005 runs from the receipt of
the request transmitted by the commission.
Article 33

The Minister of State, Minister of the Interior, the Keeper of the Seals, Minister of Justice, the
Minister of the Armed Forces, the Minister of Solidarity and Health and the Minister of Culture
are responsible, each as far as it is concerned, with the execution of this decree, which will be
published in the Official Journal of the French Republic.

Done on August 1, 2018.

Edouard Philippe
By the Prime Minister:

Page 12

The Keeper of the Seals, Minister of Justice,
Nicole Belloubet

The Minister of State, Minister of the Interior,
Gerard Collomb

The Minister of the Armed Forces,
Florence parly

The Minister of Solidarity and Health,
Agnes Buzyn

The Minister of Culture,
Francoise Nyssen

