Chapter VIII: Recording and fixing images in public places using airborne devices

A technical device may be used, by means of airborne cameras, for the purpose of capturing, fixing, transmitting and recording without their consent the image of one or more persons in a public place, if this operation is required by the necessities: 1° An investigation or enquiry into a crime or misdemeanour punishable by at least three years’ imprisonment; 2° An investigation or enquiry into the causes of death or…

The technical device referred to in article 230-47 is authorised: 1° As part of a flagrante delicto investigation, a preliminary investigation or a procedure provided for in articles 74 to 74-2, by the public prosecutor, for a maximum period of one month, renewable once; 2° As part of an investigation or inquiry into the causes of death or the causes of disappearance mentioned in articles 74,74-1 and 80-4, by the…

The decision authorising the use of the device referred to in article 230-47 shall include all the information needed to identify the places concerned and shall specify its duration. The authorisation of the public prosecutor or investigating judge, which may be given by any means, is mentioned or placed in the case file. It has no judicial character and is not subject to appeal.

The operations provided for in this chapter shall take place under the authority and control of the magistrate who authorised them. This magistrate may order their interruption at any time. The operations may not, on pain of nullity, have a purpose other than that for which they were authorised. The fact that these operations reveal other offences does not constitute a cause of invalidity of the incidental proceedings.

The technical device is set up by the judicial police officer assigned by the investigating judge or requested by the public prosecutor or, under his responsibility, by the judicial police officer.

The public prosecutor, the investigating judge or the judicial police officer assigned by him or requested by the public prosecutor, or the judicial police officer acting under his responsibility, shall draw up a report of the capturing, fixing and recording operations. This report shall mention the date and time of the start and end of the operations. The recordings shall be placed under closed seals. The judicial police officer or…

The recordings and data collected during operations carried out pursuant to this chapter shall be destroyed, at the request of the public prosecutor or the public prosecutor’s office, on expiry of the limitation period for prosecution. A record shall be drawn up of the destruction operation.