Regulatory part - Council of State decrees

The Minister of Justice is authorised to implement automated processing of personal data known as: “plate-forme nationale des interceptions judiciaires (PNIJ)” provided for by Article 230-45, placed under the responsibility of the Secretary General of the Ministry of Justice.

In order to facilitate the detection of criminal offences and customs offences, the gathering of evidence of these offences and the search for their perpetrators or to provide evidence of the violation of certain prohibitions resulting from a conviction, this processing records the information, data and communication content provided for in Articles R. 40-43-1 and R. 40-43-2 and makes them available: 1° Magistrates, officers and agents of the national gendarmerie…

Unless technically impossible, the following are made available: 1° To the persons mentioned in 1° of article R. 40-43 : a) The content of electronic communications intercepted on the basis of articles 74-2,80-4,100 to 100-8 and 706-95 and 1° of article 709-1-3 ; b) Data and information communicated pursuant to Articles 60-1,60-2,77-1-1,77-1-2,99-3,99-4,230-32 to 230-44, du 2° de l’article 709-1-3; 2° Des personnes mentionnées au 2° de l’article R. 40-43, les…

The persons mentioned in 1° of Article R. 40-43, data and information obtained during the capture, fixation, transmission or recording of speech carried out on the basis of articles 706-96 to 706-98.

The recording, storage and processing of personal data of the nature mentioned in I of Article 6 of Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms are authorised solely for the purposes and in strict compliance with the conditions defined in this decree, within the limits of the requirements of the missions for which they are collected, and solely insofar as they appear in…

In accordance with the provisions of articles R. 15-33-67 to R. 15-33-75, the platform shall transmit, to the category of bodies mentioned in 1° of Article R. 15-33-68, requisitions drawn up by magistrates, officers and agents of the judicial police of the national gendarmerie and police force, customs and tax officials authorised to carry out judicial investigations, as well as by the specialised assistants mentioned in article 628-9 and Article…

Insofar as they are necessary for the purposes defined in article R. 40-43, the following personal data and information may be stored in the automated processing system: 1° For electronic communications subject to judicial interception mentioned in articles 74-2,80-4,100 to 100-8 and 706-95 and 1° of article 709-1-3 : a) The identity (surname, married name, customary name, first names) of the natural person issuing and receiving the electronic communication, nickname,…

I.-Magistrates shall have access to all data, information and communications content recorded in the processing system, for the purposes of the proceedings brought before them. II.For the purposes of the proceedings referred to them, the officers and judicial police agents of the national gendarmerie and police respectively mentioned in 2° to 4° of Article 16 and in article 20, customs and tax officials authorised to carry out judicial investigations, respectively…