Regulatory part - Council of State decrees

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.