#2026-015Opinion on expanding criminal record checks for people working with vulnerable adults
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This opinion says the planned decree can extend criminal record and sex-offender registry checks to people who work with vulnerable adults because of age or disability. That means employers and public bodies in the sector will need to use the existing "SI Honorabilité" system for these checks, not just for work with children. The CNIL also says the law does not clearly allow the same checks for people working in intimate life, relationships, and sexuality centers. It also accepts a two-month retention period for paper criminal record extracts, but says they must be stored and destroyed in a way that keeps them secure and confidential.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Extends criminal record and FIJAISV checks to jobs involving regular contact with vulnerable adults because of age or disability.
- Uses the SI Honorabilité system to issue clearances for this broader group, with the DGCS handling the criminal record extracts.
- Rejects extending the check to staff in intimate life, affective life, and sexuality centers under the current wording of the law, and requires secure handling of paper records.
Obligations
What this law requires
Authorities applying the planned extension of honorability checks must use the existing SI Honorabilité system to interrogate the FIJAISV and consult the B2 criminal record extract for persons whose activity involves regular contact with vulnerable adults because of age or disability.
Employers, establishments, services, and granting authorities in the sector must request or accept the honorability attestation before the person begins the activity and then at regular intervals thereafter, where the activity falls within the legally authorized scope.
The DGCS may retain paper B2 criminal record extracts received by post for two months, corresponding to the administrative appeal period, but must keep and destroy them under conditions ensuring confidentiality and integrity.
Any storage and destruction process for B2 extracts must preserve the confidentiality and integrity of the personal data they contain.
The planned extension of honorability checks to persons working in centres of intimate, affective and sexual life is not authorized by the current wording of Article L. 133-6 CASF; it cannot be treated as a valid compliance requirement under that provision.