Security and Privacy in the Digital Era by Guerrier Claudine;

Author:Guerrier, Claudine;
Language: eng
Format: epub
Publisher: John Wiley & Sons, Incorporated
Published: 2016-08-30T00:00:00+00:00

6.2. France

It went through a significant legal evolution related to interceptions between 2013 and 2015. It is important to mention beforehand the possibility of recourse within legal framework, in the recordings of images and sounds and capturing of remote computer data.

I) The capture of images and sounds was introduced by the criminal procedure code by the law dated December 12, 200534.

A) When the necessities of information demand it and are within the scope of article 706-73, the examining magistrate can, after consulting with the prosecutor of the Republic by reasoned order, authorize officers and agents of the judiciary police employed by the rogatory commission to set up a technical device with the purpose, without the consent of the interested parties, of capturing, fixating, transmitting and the recording of spoken words by one or many individuals privately or confidentially, in public or private places or vehicles, or the image of a person or many people in a private space. The crimes and offenses are those specified in the Perben two law from March 9, 2004.

B) Certain exceptions are anticipated as follows:

– the recording of images and sounds can be made outside of the periods mentioned on article 59 of the Criminal Procedure Code35;

– the installation or recording can be done without the knowledge or consent of the owner or possessor of the vehicle or the occupant of the locations36.

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