Information on Parties
Information for providers
on Parties to Budapest Convention
Partnership agreement with providers
The Ministry of Interior has set up partnership agreement with major foreign provider to request them information from on a voluntary basis.
There are 3 categories to request data:
- N1: General affairs
- N2: Serious harm to persons and property
- N3: The fight against terrorism and attacks on the fundamental interests of the nation
Powers to request information
Production order
In the sense of Article 18 of the Budapest Convention
Competent authority
Judicial police under the authority of the Prosecutor
Basis in law
The judicial police may order to any person or entity public or private to provide any information in its possession relevant to the investigation including in digital format (Article 60-1 Criminal Procedure Code)
The judicial police may order by electronic form any legal person or public entity to make available any information that ascertain the truth, contained in its computer systems or in its processing of personal data (Article 60-2 Criminal Procedure Code)
If different for subscriber information
If different for traffic data
Form
Requisition
Preservation order
In the sense of Articles 16 and 17 of the Budapest Convention
Competent authority
Judicial police at the request of the Public prosecutor authorised by order of the judge of liberty and custody
Basis in law
The judicial police may require a telecom operator and persons offering online communication services, to take any mesures to secure the content of information visited by the user of the services provided by the operator (Article 60-2 paragraph 2 Criminal procedure code and Article 56 paragraph 7)
If different for subscriber information
If different for traffic data
Obligation to retain data for 1 year for the prosecution of criminal offence (Article L34-1 III. Code of posts and communication)
Form
- Requisition
- DATA PRESERVATION REQUEST FORM
Emergency situations
Definition of emergency situation
Risk to life, person in danger
Obligation to cooperate
Obligation to prevent the danger or assist the person in danger
Article 223-6 Criminal Code
Confidentiality obligation
Obligation of secrecy
Confidentiality of investigation (Article 11 Criminal Procedure Code)
Non respect of the obligation of secrecy
Punished by one year imprisonment and 15 000 euros fine (Article 226-13 Criminal Procedure Code
Exception
Article 226-14 Criminal Procedure Code
Data protection agreements
European Union Member States/ Adequacy
No
Convention 108
No
Additional Protocol ETS 181 to Convention 108
No
Domestic legal framework on data protection
No
Remedies
Safeguards
The judicial police acts under the supervision of the Public Prosecutor and under the control of the instruction chamber (Article 13 Criminal Procedure Code)
Sources and links
These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe.