#91-646Law No. 91-646 of July 10, 1991, on the Secrecy of Correspondence via Electronic Communications
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This law establishes the conditions under which electronic communications can be intercepted in France for national security purposes. It sets out strict guidelines for judicial and governmental authorities, indicating when interceptions are permissible and specifying the processes for their authorization. The law impacts telecom providers and government entities involved in surveillance operations.
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Key Changes
- Establishes rules for lawful interception of electronic communications by authorities for national security.
- Sets penalties for unauthorized interception and disclosure of correspondence.
- Creates a national commission to oversee and control security interceptions.
Obligations
What this law requires
Judicial authorities must obtain written authorization from an investigating judge before intercepting electronic communications. The decision must identify the telecommunications link to be intercepted, specify the alleged infraction, and set a maximum duration of four months.
Telecommunications network operators and service providers must provide qualified agents to install interception devices upon request from an investigating judge or commissioned judicial police officer.
Investigating judges or commissioned judicial police officers must prepare a written report documenting each interception and recording operation, including the date and time the operation began and ended.
All intercepted recordings must be placed under sealed custody and destroyed by order of the prosecutor or attorney general upon expiration of the statute of limitations for prosecution. A destruction report must be prepared.
Public officials, telecommunications agents, and network operators who order, commit, or facilitate unauthorized interceptions or disclose intercepted content are subject to criminal penalties of 3 months to 5 years imprisonment and fines of 5,000 to 100,000 French francs.