Paragraph 4: Capture of computer data

A technical device may be set up for the purpose, without the consent of the persons concerned, of accessing, recording, retaining and transmitting computer data in any place, as stored in a computer system, as displayed on a screen for the user of an automated data processing system, as entered by the user by typing characters or as received and transmitted by peripheral devices. The public prosecutor or investigating judge…

On pain of nullity, the decision authorising the use of the device referred to in Article 706-102-1 specifies the offence giving rise to the operations, the exact location or detailed description of the automated data processing systems and the duration of the operations.

With a view to setting up the technical device referred to in Article 706-102-1, the liberty and custody judge, at the request of the public prosecutor, or the investigating judge may authorise entry into a vehicle or private place, including outside the hours provided for in article 59, without the knowledge or consent of the owner or possessor of the vehicle or the occupier of the premises or any person…