The CSV deputy, Laurent Mosar, submitted a QP about it.
THE SECRET LOCKER IN THE GO-AML
Yet another of those dark abbreviations that are going on in our so-called democracy and in the depths of the judiciary, and with the blessing of the Minister of Justice currently in office.
Understand who can.
Here is the story of a young man who was confronted to his biggest surprise with his secret locker.
During a professional interview with the State, his interlocutors suddenly submitted personal data to him which read as follows:
“It appears from our files that Mr. X. was questioned by the police in two cases relating to the following alleged facts:
- Self-inflicted injuries and injuries resulting in incapacity for work;
- Contempt of agent. “
It is undisputed and indisputable that X. was never interviewed by the police for any of the two alleged offenses.
None P.-V. was not pitted against him.
He never had a trial start for anything.
He was never convicted at any time, and no proceedings are in progress in connection with these facts, which thus remain in the state of an assertion made with blameworthy lightness, to remain a bit courteous.
The professional interview ended on this secret locker – incredible.
From this account, it must be assumed that each citizen has, beside his normal criminal record, a secret record in which the police will write as he pleases, without control, without recourse, without the slightest concern for adversarial .
It is suffocating to live in a society where such deleterious secrets can be opposed to you with the disastrous consequences which were those of the present case.
The undersigned addressed courageous deputies to ask the Government the questions which are necessary.
The question was asked on 08.05.2019.
It took a month to respond – a thick ankle response.
Let’s read it and be worried – because we all probably have our secret locker, without anyone ever telling us about it.
Did you understand this verbiage?
This “damn gibberish” as Zola would say.
A set of convoluted words to hide their meaning.
The Latins would have said “Rudis indigestaque moles”.
There, we touch an extremely serious point, which concerns us all, and against which we will have to react with the last energy.
Where are we ? At Erdogan’s? Chez Poutine?
What world of hypocrites do we live in?
You must protest against such things, because they are the cancellation of all the essential values which make our democracy and our justice.
May 29, 2019.
Mr. Fernand Etgen President of the Chamber
FRANCE CHAMBRE DES DEPUTÉS Luxembourg, 17 April 2019 17 AVR. 20Î9
As envisaged by Article 83 of the Chamber, I submit this parliamentary question to the Prime Minister, the Minister of Communications and Media, the Minister of Justice and the Minister of Internal Security.
It is my duty to provide services of the State “cashier-like” files
with facts that could have had a punitive connotation that led to some condemnations.
Therefore, I would like to ask the following questions to the Hare Ministry:
- Can the government confirm the operation of such databases?
- If so, what services does such files possess?
- Who has access to this data and for what purposes?
• Can this information also be used in the context of state redistributions?
O If so, in what case is this possible?
O If not, can the government confirm that this information has not been “abused” for such purposes in the past?
Mr President, I extend my deepest respect to you.
Laurent Mosar Deputéierten
OF THE GRAND DUCHY OF LUXEMBOURG
Ministry of State
HOUSE OF REPRESENTATIVES
2 MAY 7
Luxembourg, 2 MAY 7, 2019
Minister for Relations with the Parliament LUXEMBOURG
Joint response from the Prime Minister, Minister of State, the Minister of Communications and the Media, the Minister of Justice and the Minister of Internal Security to Parliamentary Question No. 640 by Deputy Laurent MOSAR to subject of the database similar to the criminal record.
I have the honor to forward to you in appendix the answer to the parliamentary question n ^ SAO of the Deputy Laurent MOSAR.
Please accept, Minister, the expression of my highest consideration.
Joint reply from the Prime Minister, Minister of State, the Minister of Communications and the Media, the Minister of Justice and the Minister of Internal Security to Parliamentary Question No 640 by Deputy Laurent MOSAR
The Honorable Member poses a number of questions related to the existence of so-called “cashier” databases.
On the basis of its register “Inventory of Banks” and of the precisions delivered by the State Departments and administrations to the Commission on Government Protection of the Government, the government may exist of
“Casier-ahniechen” files, with the exception of the judiciary (cf. infra), as directed by the honorable MP and parliamentary question, do not confirm.
It does, however, include a data processing within the meaning of the European Data Protection Regulation (UE 2016/679) with information from the extras of the Casier judiciary on criminal cases, court judgments and additional security measures during recruitment. It is up to the legislators and the constituents of the Resources Humaines and the relevant ministries and administrations to review the procedure of recruitment of candidates, as proposed by the Casier Act of 29 March 2013 (amended 2016).
These returns, however, are not stored in informative files.
Furthermore, indications from the cashier in the review of the “conditions of honor” for access to various regulated professions, in the trade authorizations and in the application of the EU provisions regarding the responsibilities of contractors transport routines, the closures of the Doctors in appointments in the field of childcare, care and education of minors and also in the appointment of officials who receive the status of officer of the police judiciary. B. at the Ponts et Chaussées, requested and considered.
The government points out that various ministries, administrations and public authorities carry on specific dossiers and penal judgments concerning individuals in their dossiers on the basis of specific sectoral texts, penalties on penalties.
Notably in the transport sector, the services of the Ministry of Mobility and the Travaux public are responsible for the issuance and return of the driver’s license and the point of departure regarding the infringements to the code de la route, the service of la navigation which violates the rules governing the inland waterway transport and the Directorate of Transport publics concerning persons against whom a ban on entering public transport has been requested or changed.
Also, in the area of foreign police and immigration, information on criminal records and penal judgments should be sought, e.g. call for visa, asylum or immigration applications. The same is also the case in the context of the crackdown on terrorism and the financing of terrorism.
Rents on the prison stay are taken into account in the preparation of the files for the payment of the minimum income REVIS or allowance for fellow citizens with a serious disability.
In addition, the Ministry of State and other relevant ministers also provide insights and court cases in which they represent the interests of the state in the context of a court case.
Apart from the actual content files, there are also procedures in the area of Government Commissioner for Instructional Disciplinary in the Civil Service, the Medical College of Physicians and various health professions, the National Mediation Service “and also the” Caisse de consignation “of the Trésor, where an insights and court rulings are needed.
However, information on facts that may have provided a punitive connotation, but which have never led to any sort of conditional terms, is however not compiled in a “cash-similar” database of government services and is also used in the reorganization of the state. Nor is there any case of data abuse in such a context.
As indicated, the judiciary occupies two databases which may be considered “similar” to the case judge.
This is the first database “Go-AML” which has been operational since early 2017 and is used by the cellular finance provider in the context of its functions.
In addition to the IT support provided by the Justice Department’s Information Service about the Center for Technologies of Information, only judges and staff of the Cellular Retirement Fund have access to data from this database .
Access to this system is registered under “log-files”. These “log files” can, as necessary, verify that any access to the database in the context of cellular remuneration missions has been financed .
The second database is used for the management of the files of all the magistrates and the administrative staff involved in the enforcement of the law. This database contains the information contained in the Casier Judiciary.
Access to the database is regulated in a manner nominative, and this with different profiles, depending on the type of work to be done. In addition, access to this database can be controlled via “log-files” and the data entered is regularly archived.
This database is not intended to gain access to process verbs or other procedural acts, except in a variety of specific materials.
The data contained in these two databases will not be disclosed to the Ministry of Public Works, so the question of using this data for recruitment does not arise, except for the recruitment of attaché de justice, which organized by the magistrate.
In the context of the recruitment of attaché justice, there is the possibility to obtain information from judicial authorities in the Grand-Ducal Police, as expressly provided in Article 2 (3) 2 of the Modified Law of 7 June 2012 on attaches provided justice.
The police do not use “casier-ahniech” databases, ie databases containing information about pronounced penalties.
However, the police operate a database, the “file central”, which contains all protocols and reports written by the police judiciary (OPJ) and agents of the police judiciary (APJ) in accordance with the Penal Procedure Code.
Access to the “file central” have the OPJ and APJ for the purpose of preventing, researching and finding infractions.
In the context of police recruitment, Article 58 of the Modified Police Act of 18 July 2018 states the following:
“Avant chagrin of the candidature of the minister for employment of the catagory of the trainee’s policy, the process of inquiry into the morality of the determinants of the candidate’s disposition of the quality of moral agents in the execution of the functions You are a policeman. This inquiry is effective in ordering the Minister of Police, as well as consultants to file files that are legally accessible, and to authorize a relevant consultation on quantitative research into the finality of research. ”