Legislative framework

The law of 17 July 1978, amended on 20 April 2009, concerning various measures to improve relations between the government and the public, provides for the possibility of making public information held by the government available to public or private persons for purposes other than those for which it was collected.

Article L.330-5 of the French Highway Code introduces a specific re-use programme with two possible purposes for re-using data:

• statistical, scientific, or historical research purposes, without the prior consent of the data subjects, provided that the research carried out does not disclose any personal information
• surveys and commercial prospecting, unless the data subjects object to the re-use of their personal data, in accordance with France’s data privacy law.

What is the SMD?

The Data Delivery System, or SMD (for “Système de Mise à disposition des Données”), is a secure IT system for making data available.

Responsibility for its implementation lies with the Road Safety Delegation (DSR), which is legally responsible for this automated processing, as well as for the regulatory and contractual terms that govern the delivery of information.

 

The SIV data made available to the re-user may be used after the Ministry of the Interior has granted a licence for the re-use of SIV data, which is equivalent to approval, and once a fee has been paid.

 

What is the role of the ANTS?

The agency responsible for implementing the SMD system (architecture, development). It is also responsible for operating the platforms, so that the files sold to licensees are made available on time, in partnership with the DNUM (the government's digital strategy hub).