Chapter I: Flagrant crimes and offences

The conditions of application of the provisions of the first paragraphs of articles 60-2, 77-1-2 and 99-4 allowing requests to be made for data to be made available electronically during the flagrante delicto investigation, preliminary investigation or pre-trial investigation are laid down by the provisions of this section.

The categories of public bodies or legal persons governed by private law likely to be the subject of the requests mentioned in Article R. 15-33-67 are: 1° Electronic communications operators as defined in Article L. 34-1 of the French Post and Electronic Communications Code, as well as the legal entities providing services mentioned in the loi n° 2004-575 du 21 juin 2004 pour la confiance dans l’économie numérique; 2° Financial,…

The applications referred to in Article R. 15-33-67 addressed to bodies or legal entities falling within one of the categories referred to in Article R. 15-33-68 shall be subject to a procedure laid down in the protocol provided for in Article R. 15-33-72. This provides that the information requested by the judicial police officer is made available either in a specific file, or through temporary and limited access to the…

Only judicial police officers assigned to a service or unit carrying out judicial police duties and who have been expressly authorised to do so by the head of the service or unit may make such requests. .

Any request to make information available shall be the subject of a report by the judicial police officer indicating the recipient of the request and the nature of the information requested. In the case provided for by article 77-1-2, the report shall mention the prior agreement of the public prosecutor, which may be given by any means.

The technical procedures for interrogating and transmitting information are specified in a protocol signed by the Minister of Justice and, as appropriate, the Minister of the Interior or the Minister responsible for the Budget with each body or legal entity covered by the provisions of Article R. 15-33-68. This protocol specifies in particular: 1° The computer system(s) or automated processing of personal data concerned; 2° The nature of the personal…

A copy of the protocol shall be sent by the body or legal entity to the Commission nationale de l’informatique et des libertés when completing the formalities provided for by loi n° 78-17 du 6 janvier 1978 relative à l’informatique, aux fichiers et aux libertés.

The judicial police officer notes receipt of the information requested in the report and either prints it out on paper or saves it in full on a digital medium that complies with the technical standards in force at the time of transmission. This document or medium is attached to the report. If a digital medium is established, a copy of this medium is placed under seal. The operations provided for…

Personal data collected pursuant to this section may not be processed by automatic means, with the exception of the processing required for use in criminal legal proceedings. The personal data collected pursuant to this section may not be processed by automatic means, with the exception of the processing required for use in criminal legal proceedings. The personal data collected pursuant to this section may not be processed by automatic means.