In addition, a decree plans the creation of a ‘judicial interceptions platform’, placed under the responsibility of the Ministry of Justice, the purpose of which is to receive and store:
– The content of electronic communications intercepted on the basis of articles 74-2, 80-4, 100 to 100-7 and 706-95 of the Penal Procedure Code;
– Data and information communicated by service providers within the framework of three procedures: the procedure for the interception of the content of the information accessed by users of electronic communications operators’ services (articles 60-2 (2) et seq; 77-1-2(2) et seq. and 99-4(2) et seq. of the Penal Procedure Code), the procedure for requesting traffic and connection data (articles 60-1; 77-1-1 and 99-3 of the Penal Procedure Code), and the procedure for accessing, including remotely, information stored in computer and data processing systems (60-2(1) and (5), 77-1-2-(1) and 99-4(1) of the same Code).
This platform was not yet operational at the time of writing.
Notă MMB: pentru reglementarea aplicabilă, a se vedea aici.
Estelle De Marco
(France Report în Access to Telecomunication Data in Criminal Justice (coord. U. Sieber, N. von zur Muhlen), Duncker & Humblot, decembrie 2016, la p. 470)