Residence permit ● CCIN excludes the collection or consultation of bank statements

Foreign residents • Residence permit • Direction de la Sûreté Publique (Public Safety Department)

Source : Délibération n° 2024‑70 du 20 mars 2024 de la Commission de Contrôle des Informations Nominatives (CCIN) portant avis favorable à la mise en œuvre de la modification du traitement automatisé d'informations nominatives ayant pour finalité « Gestion et suivi des conditions d'entrée et de séjour des résidents étrangers de la Principauté » exploitée par le Directeur de la Sûreté Publique présentée par le Ministre d'État (articles 7 and 9 of Law no. 1.165 of 23 December 1993 on the protection of personal data, as amended)

The CCIN has issued a favourable opinion on the implementation of the modification to the processing operation of the Direction de la Sûreté Publique (DSP) relating to the "Management of the conditions of stay of residents of the Principality", subject to the following reservation concerning bank statements ("relevés bancaires"):

The collection of bank statements had not been commented on by the CCIN in its previous deliberations, because "mentioned in "consultation" only in the "income" category, the Commission considered that it was a matter of a foreigner having the opportunity to show his bank statement to attest in person to payments of money justifying his ability to pay".

The CCIN went on to state that it had "noted that the DSP requested bank statements, either in person or by e-mail, in order to carry out an in-depth analysis of expenditure in order to ascertain the ties of the foreign national resident in Monaco, particularly in the event of renewal of the residence permit".

Considering "this practice to be abusive and too intrusive into the private lives of the persons concerned, as the said statements may reflect intimate expenditure", the CCIN "consequently excludes any collection or consultation of bank statements by the DSP".

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Further information

The processing operation of the Direction de la Sûreté Publique (DSP) relating to the "Management of the conditions of residence of residents of the Principality" implemented on 26 June 2012, has been amended to provide for "restricted search" access to the processing operation by the Autorité Monégasque de Sécurité Financière (AMSF, "Monegasque Financial Security Authority"), as provided for by article 50 of Law no. 1.362 of 3 August 2009 relating to the fight against money laundering, the financing of terrorism and the proliferation of weapons of mass destruction and corruption, as amended.

The said processing had previously been amended on 2 June 2021 to include the changes brought about by Law no. 1.483 of 17 December 2019 on digital identity, which grants "a digital identity providing a high level of guarantee [...] to any natural person holding a residence permit under the conditions set by Sovereign Order 3.153 of 19 March 1964 on the conditions of entry and residence of foreign nationals in the Principality, as amended".

The personal data of applicants processed by the DSP (excluding bank statements, which the CCIN has excluded from any collection or consultation) is as follows:

• Identity: surname, first name, maiden name, title, gender, date and place of birth, time of birth, nationality (identity documents, ID number, date of issue, expiry date, country of issue), surname and first name of applicant and spouse, parentage (parents' surnames and first names);
• Marital status: single, married, divorced, widowed, cohabiting, children;
• Address and contact details: precise address, previous postal address, situation and composition of the accommodation (address in Monaco, block, floor, flat number, dwelling, status (tenant, owner, lodger), surface area in m², number of main rooms, number of occupants, number of parking spaces, amount of rent, frequency of rent, date of last rent receipt), lodger, email address, telephone number;
• Financial details: means of subsistence, bank references, salary or other income;
• Photograph: facial photograph recorded;
• Administrative documents: references of identity documents provided by the applicant, type of residence card obtained, number and date of validity, signature;
• Other: language of correspondence, preferred communication channel;
• Supporting documents:
  • identity: travel document for foreign nationals, diplomatic passport, identity card, passport;
  • accommodation (as applicable): property deed, accommodation certificate, rider + accommodation, lease rider, rental lease, lease + rider, lease + accommodation, accommodation certificate, certificate of military status, capitalised housing contract + accommodation, contract or commodat, provision, property + accommodation, electricity bill;
  • income (as appropriate): payslip, RCI extract, bank certificate, accountant's certificate, allowances/pensions, care certificate, student card, certificate of honour, company articles of association, tax return; civil judgment.

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