#2016-731Law Strengthening Measures Against Organized Crime and Terrorism
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This law enhances France's ability to counter organized crime and terrorism by allowing for greater investigative measures and judicial controls. It gives authorities enhanced powers to intercept communications, conduct searches, and monitor suspects outside regular hours if it prevents risks to life or physical integrity. It also strengthens the oversight and conditions under which these surveillance operations can occur.
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Key Changes
- Enhances powers for intercepting communications
- Allows searches outside regular hours to prevent risks
- Strengthens judicial oversight of surveillance operations
Obligations
What this law requires
The magistrate who authorized surveillance operations must be informed without delay by the prosecutor or judicial police officer of acts completed under Articles 706-89 to 706-91
Remote access to electronic communications stored via computer identifier can only be authorized by written order of the judge of liberties and detention (during investigation phase) or investigating judge (during information phase), with stated reasons
Data accessed through remote electronic communications surveillance must not be used for purposes other than research and verification of infractions specified in the magistrate's authorization decision, on penalty of nullity
Technical data collection authorization is valid for maximum one month (renewable once) during investigation; maximum two months (renewable without exceeding six months total) during information phase
Electronic communications interception authorization is valid for maximum forty-eight hours (renewable once) and must follow procedures in Articles 100-4 to 100-7