316723, 2:10 PM BOOK Vill: INTELLIGENCE (Articles L 801-1 to L898-1)- Légirance REPUBLIQUE Légifra nce FRANCAISE cccscicsjusicsetaitonindecion Liberté Epulité Fraternité Code de la sécurité intérieure Code de la sécurité intérieure Version in force on March 06, 2023 Legislative part (Articles L111-1 to L898-1) BOOK VIII: INTELLIGENCE (Articles L80I-1 to L898-1) Article L801-1 ‘Amended by Ordinance No. 2018-1125 of December 12, 2018- art. 22 Respect for privacy, in all its components, in particular the secrecy of correspondence, the protection of personal data and the inviolability of the home, is uaranteec by law. The public authority may only interfere with itn cases of necessity in the public interest provided for by law, within the limits set by the law and in compliance with the principle of proportionality. ‘The authorization anc implementation on the national territory ofthe intelligence gathering techniques mentioned in Chapters Ito Ill of Title Vof this book can only be decided if 1° They come from an authority having legal competence to do so; 2 They result from a procedure in accordance with Title Il ofthe same book; 3° They respect the missions entrusted to the departments mentioned in Article L. 811-2 or to the departments designated by the Conseil d'Etat decree provided forin Article. 811-4; 4 They are justified by the threats, risks and issues related to the fundamental interests of the Nation mentioned in Article L. 811-2 '5* The breaches they cause to respect for private life are proportionate to the reasons invoked ‘The National Commission for the Control of Intelligence Techniques ensures, under the conditions provided for in this book, compliance with these principles. The Council of State decides on the appeals brought against the decisions relating to the authorization and the implementation of these techniques and those relating to the conservation of the information collected TITLE I: GENERAL PROVISIONS (Articles L811-1 to L811-4) Article L811-1 Creation LAW n°2015-912 of July 24, 2015 -art. 2 The public intelligence policy contributes to the national security strategy as well as to the defense and promotion of the fundamental interests of the Nation. It fais under the exclusive jurisdiction of the State, Article L811-2 Creation LAW n'2015-912 of July 24, 2015 - art. 2 The specialized intelligence services are designated by decree in Council of State. Their missions, in France and abroad, are to research, collect, use and make available to the Government information relating to geopolitical and strategic issues as well as threats and risks likely to affect the national fe. They contribute to the knowledge and anticipation of these issues as well as to the prevention and hindrance of these risks and threats. ‘They act in compliance with the law, under the authority of the Government and in accordance with the guidelines determined by the National intelligence Council ‘The implementation on national territory of Chapter Il of Title I and Chapters | to lll of Title V of this book is carried out without prejudice to the second paragraph of Article 40 of the Code of Criminal Procedure Article L811-3 Creation LAW n'2015-912 of July 24, 2015 - art. 2 For the sole exercise of their respective missions, the specialized intelligence services may use the techniques mentioned in Title V of this book for the collection of information relating to the defense and promotion of the following fundamental interests of the Nation: 1° National independence, teritorial integrity and national defence; 2° The major interests of foreign policy, the execution of France's European and international commitments and the prevention of any form of foreign interference; hitpssAwwlogirance.gouv.fdeodesis. CGISCTADI0030934655 420316723, 2:10 PM BOOK Vill: INTELLIGENCE (Articles L 801-1 to L898-1)- Légirance 3° The major economic, industrial and scientific interests of France; 4° The prevention of terrorism; 5° Prevention: a) Attacks on the republican form of institutions; b) Actions tending to maintain or reconstitute groups dissolved in application of Article L. 212-15 (c) Collective violence likely to seriously undermine public peace; 6° The prevention of organized crime and delinquency; 7° The prevention of the proliferation of weapons of mass destruction, Article L81-4 ‘Amended by LAW n*2016-731 of June 3, 2016- art. 14 AConseil d'Etat decree, issued on the advice of the National Commission for the Control of intelligence Techniques, designates the services, other than the specialized intelligence services, coming under the Ministers of Defence, the Interior and Justice as well as as ‘ministers responsible for the economy, the budget or customs, who may be authorized to use the techniques mentioned in Title V of this book under the conditions provided for in the same book. It specifies, for each service, the purposes mentioned in Article L. 811-3, and the techniques which may give rise to authorisation. TITLE Il: PROCEDURE APPLICABLE TO INTELLIGENCE COLLECTION TECHNIQUES SUBJECT TO AUTHORIZATION (Articles L821-1 to L822-4) Chapter I: Implementation authorization (Articles L821-1 to 1821-8) Article L821-1 Modified by LAW n*2021-898 of July 30, 2021- art. 18 The implementation on the national territory ofthe intelligence collection techniques mentioned in Chapters! to IV of Title V of this Book is subject to the prior authorization of the Prime Minister, issued after the opinion of the National Commission for the Control of intelligence Techniques. When the authorization is issued after an unfavorable opinion from the National Commission for the Control of Intelligence Techniques, the Council of State is immediately seized by the chairman of the commission or, failing that, by one of the members of the comission from among those mentioned in 2° and 3° of article L, 831-1 of this code. The specialized training mentioned in article L, 773-2 of the code of administrative justice, the president ofthe restricted training mentioned in the same article L, 773-2 or the member he delegates rules within twenty-four hours from this referral. The Prime Minister's authorization decision cannot be executed before the Council of State has ruled, exceptin the event of a duly justified emergency and ifthe Prime Minister has ‘ordered its immediate implementation. When seized pursuant to the second paragraph of this article, the Council of State rules under the conditions provided for in chapter Il bis of title Vl of Book Vil of the code of administrative justice. Intelligence gathering techniques can only be implemented by individually designated and authorized agents. Article L821-2 ‘Amended by LAW n°2016-731 of June 3, 2016- art. 14 ‘The authorization mentioned in Article L. 821-1 is issued at the written and reasoned request of the Minister of Defence, the Minister ofthe Interior, the Minister of Justice or the ministers responsible forthe economy, the budget or customs. Each minister can only delegate this assignment individually to direct collaborators authorized to maintain national defense secrets, The request specifies: 1! The technique(s} to be implemented; 2° The service for which itis presented; 3° The purpose(s) pursued; 4° The reason(s) for the measures; 5° The period of validity of the authorization; 6° The person(s), placets) or vehicle concerned. For the application of 6°, persons whose identity is not known may be designated by their identifiers or their capacity and the places or vehicles may be designated by reference to the persons who are the subject ofthe request. hitpssAwwlogirance.gouv.fdeodesis. CGISCTADI0030934655 20316723, 2:10 PM BOOK Vill: INTELLIGENCE (Articles L 801-1 to L898-1)- Légirance When it concerns the renewal of an authorisation, the request sets out the reasons for which this renewal is justified with regard to the purpose(s) pursued. Article L821-3 Creation LAW n*2015-912 of July 24,2015 -art.2 ‘The request is communicated to the president or, filing this, to one of the members of the National Commission for the Control of Intelligence Techniques among those mentioned in 2° and 3° of Article L. 831-1, who issues an opinion. to the Prime Minister within twenty-four hours. If the request is examined by the restricted formation or by the plenary formation of the commission, the Prime Minister is informed without delay and the opinion is given within seventy-two hours. The opinions mentioned in this article are communicated without delay to the Prime Minister. In the absence of notice sent within the time limits provided for in the same article, itis deemed to have been given. Article L821-4 ‘Amended by LAW n°2017-1510 of October 30, 2017 -art. 15 (V) The authorization to implement the techniques mentioned in Chapters | to IV of Title Vof this book is issued by the Prime Minister for a maximum period of four months. The Prime Minister can delegate this assignment individually only to direct collaborators, authorized to maintain national defense secrets, The authorization includes the reasons and particulars provided for in 1" to 6" of Article L. 821-2 . All authorizations are renewable under the same conditions as those provided for in tis chapter. When the authorization is issued after an unfavorable opinion from the National Commission for the Control of intelligence Techniques, it indicates the reasons for which this opinion was not followed The authorization of the Prime Minister is communicated without delay to the minister responsible for its execution as well as to ‘the commission, ‘The request and the authorization are registered by the Prime Minister's office. The registers are kept at the disposal of the National Commission for the Control of Intelligence Techniques. Article L821-6 Creation LAW n°2015-912 of July 24, 2015 -art.2 [Provisions declared unconstitutional by decision of the Constitutional Council no. 2015-713 DC of July 23, 2015.) Article L821-7 Modified by LAW n’2021-998 of July 30, 2021 - art. 18 ‘Amember of parliament, a magistrate, a lawyer or ajournalist cannot be the subject of a request to implement, on national ‘territory, a technique for collecting information mentioned in Chapters | to IV of Title V ofthis 600k by reason of the exerc'se of his ‘mandate or his profession. When such a request concerns one of these persons or their vehicles, offices or homes, the opinion of ‘the National Commission for the Control of lntelligence Techniques is examined in plenary session, ‘The urgency mentioned in the last sentence of the second paragraph of Article L. 821-1 cannot be invoked for authorizations concerning one of the persons mentioned in the first paragraph of this article or theit vehicles, offices or homes. ‘The commission is informed of the procedures for carrying out the authorizations issued pursuant to this article. ‘The transcriptions of the information collected pursuant to this article are transmitted to the commission, which ensures the necessary and proportionate nature of the infringements, if any, brought to the guarantees attached to the exercise of these professional activities or mandates, Article L821-8 Creation LAW n*2015-912 of July 24,2015 -art.2 ‘The National Commission for the Control af Intelligence Techniques may make recommendations and seize the Council of State under the conditions laid down, respectively, n Articles L 833-6 and L. 833-8 Chapter II: Information collected (Articles L822-1 to L822~4) Article L822-1 Creation LAW n'2015-912 of July 24, 2015 -art.2 ‘The procedures provided for in this chapter are implemented under the authority of the Prime Minister under conditions that he defines after consultation with the National Commission for the Control of intelligence Techniques. ‘The Prime Minister organizes the traceability of the execution of the techniques authorized pursuant to Chapter | of this title and defines the procedures for centralizing the information collected, For this purpose, a record of each implementation of an intelligence collection technique is established. It mentions the start and tend dates of this implementation as well as the nature of the information collected. This statement is made available to the ‘commission, which can access it permanently, completely and directly, regardless ofits degree of completion, hitpssAwwlogirance.gouv.fdeodesis. CGISCTADI0030934655 0316723, 2:10 PM BOOK Vill: INTELLIGENCE (Articles L 801-1 to L898-1)- Légirance Article L822-2 Modified by LAW n°2021-998 of July 30, 2021 - art. 10 Modified by LAW n°2021-998 of July 30, 2021 -art. 13 (V) |-The information collected by the implementation of an information __ Modified by LAW n“2021-998 of July 30, 2021 - art. 16 collection technique authorized pursuant to Chapter | of this title is destroyed after a period of: 1° Thirty days from their collection for correspondence intercepted pursuant to Articles L. 852-1, L, 852-2 and L. 852-3; 2° One hundred and twenty days from their collection for the complete addresses of resources on the Internet collected by the implementation of the technique provides for in Article L. 851-2 and for the information collected by the implementation of the techniques mentioned in Chapter ill of Title V of this book, with the exception of the information or documents mentioned in Article L. 851-1; 3° Four years from their collection for the information or documents mentioned in Article L. 851-1. For information that is encrypted, the period runs from its decryption. They cannot be kept for more than six years from their collection, ‘Tothe extent strictly necessary for the purposes of technical analysis and excluding any use for the monitoring of data subjects, the information collected which contains elements of cyberattack or which is encrypted, as well as the decrypted information associated with these elements , may be kept beyond the periods mentioned in this I1-By way of derogation from |, information concerning a request referred to the Conseil d'Etat may not be destroyed. At the end of the periods provided for in the same |, they are kept solely for the purposes of the procedure before the Council of State, IiL-For the sole purposes of research and development in terms of technical capacities for collecting and using information and excluding any use for the surveillance of the persons concerned, the specialized intelligence services mentioned in Article L 811-2 ‘may keep the information mentioned in | of this article beyond the periods provided for in this article, This conservation is carried ‘ut to the extent strictly necessary for the acquisition of sufficient knowledge to develop, improve and validate the technical capabilities of callection and exploitation. ‘The information mentioned in the first paragraph of this Ill is kept in such a way as to be accessible, in the premises of the services ‘mentioned in the same first paragraph, only to the agents of the services mentioned in the said first paragraph specially authorized for this purpose and exclusively assigned to this mission, under conditions that no longer reveal the reasons and purposes for which they were collected and that do not allow the identity of the persons concerned to be sought. They are also accessible, under the same conditions, to agents of the Department of Defense mentioned in Article L. 2371-2 of the Defense Code specially authorized for this purpose. ‘The technical parameters applicable to cach research program in order to guarantee compliance with the conditions provided for inthe first two paragraphs of ths I as well as any substantial change in these parameters are subject to prior authorization from the Prime Minister, issued after consulting the National Commission for control of intelligence techniques. ‘The information mentioned in the first paragraph of ths Il shall be destroyed as soon as their retention is no longer essential for the validation of the technical collection and exploitation capacities mentioned in the same first paragraph, and at the latest five, years after their collection The National Commission for the Control of Intelligence Techniques ensures that the implementation of research programs complies with the conditions provided for inthis Il It can address to the Prime Minister, at any time, a recommendation tending to ‘the suspension or the interruption of a research program which it considers that it no longer respects these conditions. noTa In accordance with I of article 13 of law n* 2021-998 of July 30, 2021, the provisions resulting from | are applicable until July 32, 2025. The Government sends Parliament an evaluation report on the application of these provisions no later than six months before this deadline. Article L822-2-1 Creation LAW n°2021-998 of July 30, 2021 - art. 10 The service of the Prime Minister mentioned in Articles L, 851-1, L. 851-3, L. 851-4, L, 851-6 and L. 852-1 may retain, under the conditions provided for in Il of Article L. 822-2 and with the agreement of the service(s) for which this information was collected, ‘the information mentioned in lof the same article L 822-2 for which it organizes the centralization and which is only accessible to its agents specially authorized for this purpose. Article L822-3 Modified by LAW n'2021-998 of July 20, 2021 -art. 9 |.nformation may not be callected, transcribed, extracted or transmitted for purposes other than those mentioned in Article L, 813 ‘When a specialized intelligence service mentioned in Article L, 811.2 or a service designated by the Conseil d'Etat decree provided forin Article L. 811-4 obtains, following the implementation of a technique mentioned in ttle Vof this Book, useful information for ‘the pursuit of a purpose different from that which justified the collection, he can transcribe or extract them for the sole exercise of his missions, within the limits of the purposes mentioned in Article 811-3, Il- Subject to the second paragraph and 1° and 2° of this I, a specialized intelligence service mentioned in article L. 811-2 or a tps Aww Jogirance.gouw leodestisL EGISCTADIOD30834655 4120316723, 2:10 PM BOOK Vill: INTELLIGENCE (Articles L 801-1 to L898-1)- Légirance service designated by the Conseil d'état decree provided for in Article L. 811-4 may transmit to another of these services the information collected, extracted or transcribed at its disposal, if this transmission is strictly necessary for the performance of the missions of the recipient service, within the limits ofthe purposes mentioned in Article L. 811-4. article 811-3. ‘The following are subject to prior authorization from the Prime Minister, issued under the conditions provided for in Articles L. 821: ‘to L. 821-4 after consulting the National Commission for the Control of Intelligence Techniques: The transmission of information collected, when it pursues a purpose different from that which justified the collection; 2° The transmission of information collected, extracted or transcribed which results from the implementation of a technique for collecting information which the recipient department could nat have used for the purpose motivating the transmission, ‘These transmissions have no effect on the retention period of each of the information collected, which runs from the date of their collection, At the end of this period, each department destroys the information, according to the procedures defined in Article L, 822-4 ‘The head of each specialized intelligence service mentioned in Article L. 811-2 or of each service designated by the Conseil d'etat decree provided for in Article L. 811-4 appoints an agent responsible for ensuring, under his control, in compliance with the application ofthis ll, This agent is informed by his counterparts in the other departments of the destruction, under the conditions set out in the penultimate paragraph of this ll, of the information that his department has been authorized to collect. He reports without delay to the head of his department of any difficulty in the application ofthis I liL Transcriptions or extracts must be destroyed as soon as their conservation is no longer essential for the pursuit of the purposes ‘mentioned in | IV-The operations mentioned in | to Ill are subject to the control of the National Commission for the Control of Intelligence Techniques. Article L822-4 Modified by LAW n’2021-998 of July 30, 2021 -art. 9 ‘The operations of destruction ofthe information collected mentioned in article L, 822-2, the transcriptions and the extractions mentioned in lof article L. 822-3 as well as the transmissions mentioned in I! ofthe same article L. 822-3 are carried out by individually designated and authorized agents, They are the subject of records kept at the disposal ofthe National Commission for ‘the Control of intelligence Techniques, which specify: 1° With regard to transcriptions or extractions, if they were carried out for a purpose different from that which justified their collection; With regard to transmissions, their nature, date and purpose as well as the services to which they were addressed. When the transcriptions, extractions or transmissions pursue a purpose different from that for which the information was collected, the statements are immediately transmitted to the National Commission for the Control of Intelligence Techniques. TITLE III: OF THE NATIONAL COMMISSION FOR CONTROL OF INTELLIGENCE TECHNIQUES (Articles L831-1 to L833-11) Chapter I: Composition and organization (Articles L831-1 to L831-2) Article L831-1 ‘Amended by LAW n°2017-55 of January 20, 2017- art. 39 The National Commission for the Control of intelligence Techniques is an independent administrative authority. Itis made up of nine members: 1° Two deputies and two senators, appointed in such a way as to ensure a pluralistic representation of Parliament; 2° Two members of the Council of State, of a rank atleast equal to that of Councilor of State, appointed by the Vice-President of the Council of State; 3° Two non-hierarchical magistrates of the Court of Cassation, appointed jointly by the first president and the public prosecutor of ‘the Court of Cassation; 4° Aperson qualified for his knowledge of electronic communications, appointed on the proposal of the President of the Electronic Communications and Postal Regulatory Authority ‘The procedures for designating or appointing the members me ‘The chairman of the commission is appointed by decree of the President of the Republic from among the members mentioned in 2 and3" ‘The mandate of the members, with the exception of those mentioned in 1°, is six years. Its not renewable. The members of the Council of State or the Court of Cassation are renewed by half every three years. ned in 1° to 3° ensure equal representation of men and women. hitpssAwwlogirance.gouv.fdeodesis. CGISCTADI0030934655 5120316723, 2:10 PM BOOK Vill: INTELLIGENCE (Articles L 801-1 to L898-1)- Légirance Article 831-2 Creation LAW n°2015-912 of July 24, 2015 - art. 2 ‘The plenary formation of the National Commission for the Control of Intelligence Techniques includes all the members mentioned inarticle L. 831-1, ‘The restricted formation of the National Commission for the Control of Intelligence Techniques is made up of the members mentioned in 2°to 4” of the same Article L. 831-1. ‘These formations are chaired by the chairman of the commission. Chapter II: Rules of ethics and operation (Articles L832-2 to L832-5) Article L832-2 ‘Amended by LAW n°2017-55 of January 20, 2017- art. 39 ‘The chairman of the commission cannot hold any elective office and performs his duties full time, ‘The function of member of the commission is incompatible with any interest, direct or indirect, in the services that may be authorized to implement the techniques mentioned in Title V ofthis book or in the activity of one of the persons mentioned in I! of Article L. 34-1 of the Post and Electronic Communications Code as well as 1 and 2 of | of Article 6 of Law No, 2004-575 of June 21, 2004 on confidence in the economy digital. The office of member is also incompatible with any professional activity or other full- time public employment and any elective mandate, with the exception of those of the members mentioned in 1° of Article L. 831-1 Article L832-3 Modified by LAW n°2021-998 of July 30, 2021 - art. 19 Opinions on the requests mentioned in Article L. 821-2 are given by the chairman or by another member mentioned in 2’ and 3° of Article L. 831-1. These opinions are made available to all committee members. ‘Any new or serious question is referred to the restricted formation or to the plenary formation. These formations can also be combined if the president of the commission or the member mentioned in the first paragraph of this article considers that the validity of the request is not certain. The restricted formation and the plenary formation can validly deliberate only if, respectively, at least three and four members are present. Their decisions are taken by a majority of the members present. In the event of an equal division of the votes, the vote ofthe president is preponderant. The plenary formation meets at least once a month. Its informed of the opinions given on the requests mentioned in Article L. 821-2 and of the opinions given pursuant to the last sentence of the first paragraph of | of Article L. 853-3 of the Internal Security Code when of ts nearest meeting. Article L832-5 Creation LAW n*2015-912 of July 24,2015 -art.2 ‘The members of the commission are authorized ex officio to knaw information or elements of assessment protected under article 413-9 of the penal code and useful for the exercise of their functions. ‘The agents of the commission must be authorized for national defense secrecy in order to access the information and documents necessary for the accomplishment of their missions. ‘The members and agents of the commission are required to respect the secrets protected in articles 413-10 and 226-13 of the same code for the facts, acts and information of which they may become aware in the exercise of their functions, The work of the commission is covered by national defense secrecy. Chapter III: Missions (Articles L833-1 to L833-11) Article L833-1 Creation LAW n°2015-912 of July 24, 2015 -art.2 The National Commission for the Control of Intelligence Techniques ensures that intelligence collection techniques are implemented on the national territory in accordance with this book. Article L833-2 Modified by LAW n*2021-998 of July 20,2023. art. 10 Modified by LAW n°2021-998 of July 30, 2021 -art.9 For the accomplishment af its missions, the commission: 1° Receives communication of all requests and authorizations mentioned in this book; 2° Has permanent, complete and direct access to the statements, registers, information collected, transcriptions, extractions and ‘transmissions mentioned in this book, to the systems for tracking the information collected and to the premises where this information is centralized in application of the Article L. 822-1 as well asthe information mentioned in Ill of Article L. 822-2: hitps sAwwlogirance.gouv.fdeodesis.EGISCTADI0030934655 620316723, 2:10 PM BOOK Vill: INTELLIGENCE (Articles L 801-1 to L898-1)- Légirance 3° Isinformed at any time, at its request, ofthe terms of execution of the authorizations in progress; 4° May request from the Prime Minister all the elements necessary for the accomplishment of his missions, including when the technique of collecting information implemented has not been the subject of a request, nor of an authorization or does not meet the conditions of traceability, with the exception of elements communicated by foreign services or by international organizations ‘or which could inform the commission, directly or indirectly, ofthe identity ofthe sources ofthe specialized intelligence services; '5* May request from the Prime Minister all or part of the reports of the inspection of the intelligence services as well as the reports of the general inspection services of the ministries relating to the services which fall within their competence, in connection with ‘the missions of the commission Article L833-3 Creation LAW n°2015-912 of July 24, 2015 -art. 2 ‘The ministers, the public authorities and the public agents take all useful measures to facilitate the action of the comrnission Obstructing the action of the commission is punishable by one year's imprisonment and a fine of €15,000: 1 Either by refusing to communicate to the commission the documents and information it has requested pursuant to Article L. 833-2, or by concealing the said documents or information, or by causing them to disappear; 2° Either by communicating transcriptions or extracts that do not conform to the content of the information collected as it was at ‘the time the request was made; 3° Or by opposing the exercise ofthe missions entrusted to its members or to authorized agents pursuant to Article L 832-5, Article L833-4 Creation LAW n°2015-912 of July 24, 2015 -art.2 On its own initiative or when it receives a complaint from any person wishing to verify that no intelligence technique has been improperly implemented in its regard, the commission proceeds to check the technique or techniques invoked with a view to check that they have been or are implemented in compliance with this book, It notifies the author of the complaint that the necessary verifications have been carried out, without confirming or denying their implementation, Article L833-5 Creation LAW n"2015-912 of July 24,2015 -art.2 ‘When it issues an opinion on the application for authorization to implement an intelligence technique provided for in Chapters Ito ILof TitleVof this book or when it checks its implementation, the commission verifies that the measure complies with article L. 801-1 Article L833-6 Modified by LAW n’2021-998 of July 30, 2021 - art. 9 ‘The commission can address, at any time, to the Prime Minister, to the minister responsible forts execution and to the department, concerned, a recommendation that the implementation of a technique be interrupted and the information collected destroyed when it considers that: 1° An authorization was granted in disregard of this book; 2° Atechnique has been implemented in disregard of this book; 3° The collection, transcription, extraction, storage, destruction of information collected or its transmission between services is carried outiin disregard of Chapter I of Title Il ofthis book Article L833-7 Creation LAW n"2015-912 of July 24,2015 -art.2 ‘The Prime Minister immediately informs the commission of the action taken on its recommendations, Article L833-8 Creation LAW n*2015-912 of July 24,2015 -art.2 ‘The Council of State may be seized of an appeal provided for in 2" of Article L. 841-1 either by the chairman of the commission when the Prime Minister does not act on the opinions or recommendations of the commission or when the follow-up given to itis considered insufficient, that is by at least three members of the commission Article L833-9 Modified by LAW n°2021-998 of July 30, 2021--art. 18 Respecting national defense secrecy and without revealing operational procedures or methods, the commission's public report mentions the number: 41° Requests submitted to it and opinions thas givens, 2° Complaints of which it has been seized; 3° Of the recommendations that it addressed to the Prime Minister and of the favorable follow-up given to these recommendations; hitpssAwwlogirance.gouv.fdeodesis. CGISCTADI0030934655 7120316723, 2:10 PM BOOK Vill: INTELLIGENCE (Articles L 801-1 to L898-1)- Légirance 44° Observations it has addressed to the Prime Minister and opinions it has given on request; '5* Appeals lodged with the Conseil d'Etat and appeals for which it has filed observations before it Article L833-10 Creation LAW n°2015-912 of July 24, 2015 - art. 2 ‘The commission can address to the Prime Minister, at any time, the observations that it deems useful, These observations are communicated by the Prime Minister to the parliamentary intelligence delegation, subject to compliance with the last paragraph of land the first paragraph of IV of Article 6h of Ordinance No. 58-1100 of November 17, 1958 relating to the functioning of parliamentary assemblies. Article L833-11 Creation LAW n°2015-912 of July 24, 2015 - art.2 ‘The commission responds to requests for advice from the Prime Minister, the President of the National Assembly, the President of ‘the Senate and the parliamentary intelligence delegation, In compliance with national defense secrecy, the commission may consult the Electronic Communications and Postal Regulatory ‘Authority or respond to its requests. TITLE IV: APPEALS RELATING TO THE IMPLEMENTATION OF INTELLIGENCE TECHNIQUES SUBJECT TO AUTHORIZATION AND FILES INTERESTING STATE SECURITY (Articles L841-1 to 1841-2) Article L841-1 Modified by LAW n'2015-1556 of November 30, 2015 art. 1 Subject to the specific provisions provided for in Article L. 854-9 of this code, the Council of State is competent to hear, under the conditions provided for in chapter I bis of title Vil of book VII of the code of administrative justice, requests concerning the implementation of the intelligence techniques mentioned in Title V ofthis book. It can be entered by: 1° Any person wishing to verify that no intelligence technique has been improperly implemented in his regard and justifying the prior implementation of the procedure provided forin Article L. 833-4; 2° The National Commission for the Control of Intelligence Techniques, under the conditions provided for in Article L. 833-8 When an administrative court or a judicial authority is seized of a procedure or a dispute the solution of which depends on the examination of the regularity of one or more techniques for collecting information, it may, ex officio or at the request of one of the parties, seize the Council of State fora preliminary ruling, It decides within one month from its referral. Article L841-2 ‘Amended by Ordinance No. 2018-1125 of December 12, 2018- art. 22 The Council of State is competent to hear, under the conditions provided forin Chapter Ibis of Title Vil of Book Vl ofthe Code of. Administrative Justice, requests concerning the implementation of Article 118 of Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms, for processing or parts of processing involving State security, the list of whichis fixed by decree in the Council of State. oa In accordance with Article 29 of Ordinance No, 2018-1125 of December 12, 2018, these provisions come into force at the same time as Decree No, 2019-536 of May 28, 2019 taken for the application of Law No. 78-17 of January 6, 1978 relating to dato processing, files ‘and freedoms as of Sune 1, 2018. TITLE V: INTELLIGENCE COLLECTION TECHNIQUES SUBJECT TO AUTHORIZATION (Articles L851-1 to L855-1C) Chapter I: Administrative access to connection data (Articles L851-1 to L851-7) Article L851-1 Creation LAW n°2015-912 of July 24,2015 -art.5 Under the conditions provided for in Chapter | of Title Il of this book, the collection may be authorized from electronic ‘communications operators and the persons mentioned in Article L. 34-1 of the Post and Electronic Communications Code as well as from persons mentioned in 1 and 2 of | of article 6of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, information or documents processed or stored by their electronic communications networks or services, including technical data relating to the identification of telephone numbers subscription or connection to electronic communications services, the listing of all the subscription or connection numbers of a designated person, the location of the terminal equipment used as well as the ‘communications of a subscriber relating to the lst of numbers called and calling, duration and date of communications. hitpssAwwlogirance.gouv.fdeodesis. CGISCTADI0030934655 20,316723, 2:10 PM BOOK Vill: INTELLIGENCE (Articles L 801-1 to L898-1)- Légirance By way of derogation from Article L. 821-2 , written and substantiated requests relating to technical data relating to the identification of subscription or connection numbers for electronic communications services, orto the listing of all subscription or connection numbers of a designated person are directly transmitted to the National Commission for the Control of intelligence Techniques by the individually designated and authorized agents of the intelligence services mentioned in Articles 811-2 and L. 811-4. The commission gives its opinion under the conditions set out in article L. 821-3 A service of the Prime Minister is responsible for collecting information or documents from the operators and persons mentioned in the first paragraph ofthis article, The National Commission for the Control of Intelligence Techniques has permanent, complete, direct and immediate access to the information or documents collected ‘The methods of application of this article are fixed by decree in Council of State, taken after opinion of the National commission of data processing and freedoms and the National commission of control ofthe techniques of information. Article L851-2 Modified by LAW n'2021-998 of July 30, 2021- art. 16, Modified by LAW n°2021-998 of July 30, 2021 - art. 18 | -Under the conditions provided for in Chapter | of Title Il of this book and for the sole purposes of the prevention of terrorism, the collection may be individually authorized in real time, on the networks of the operators and persons mentioned in Article L.851-1, information or documents mentioned in the same article L. 851-1 relating to a previously identified person likely to be linked to a threat, as well as complete addresses of resources on the Intemet used by this person. When there are serious reasons to believe that one or more persons belonging to the entourage of the person concerned by the authorization are likely to provide information in respect of the purpose which motivates the authorization, this may be also granted individually for each of these persons, | bis.- The maximum number of authorizations issued pursuant to this article in force simultaneously is set by the Prime Minister, after consulting the National Commission for the Control of Intelligence Techniques. The decision fixing this quota and its distribution between the ministers mentioned in the first paragraph of article L. 821-2 as well as the number of interception authorizations issued are brought to the attention of the commission. l-{repeated) Article L851-3 Modified by LAW n°2021-998 of July 30, 2021 -art. 15 (V) Modified by LAW n'2021-998 of July 30, 2021 - art. 18, |.-Under the conditions provided for in Chapter | of Title Il ofthis book and for the sole purposes of the prevention of terrorism, at the request ofthe specialized intelligence services mentioned in Article L. 811-2, may be authorized, on the data passing through ‘the networks of the operators and persons mentioned in Article L. 851-1, automated processing intended, according to parameters ‘specified in the authorization, to detect connections likely o reveal a terrorist threat. This automated processing uses exclusively the information or documents mentioned in Article L. 854-1 as well as the complete addresses of resources used on the Internet, without collecting any data other than that which meets their design parameters and without allowing the identification of the persons to whom the information, documents or addresses relate, In compliance with the principle of proportionality, the authorization from the Prime Minister specifies the technical scope of the implementation of this processing, II-The National Commission for the Control of latelligence Techniques issues an opinion on the request for authorization relating ‘to automated processing and the detection parameters retained. It has permanent, complete and direct access to this processing as well as to the information and data collected. It is informed of any changes made to processing and parameters and can issue recommendations. ‘The first authorization to implement the automated processing provided for in| of this article is issued for a period of two months. The authorization is renewable under the conditions of duration provided for in Chapter | of Title I! of this book. The renewal request includes a statement of the number of identifiers reported by the automated processing and an analysis of the relevance of ‘these reports liL-The conditions provided for in Article L. 871-6 are applicable to material operations carried out by the operators and persons mentioned in Article L 851-1. IV.-When the processing mentioned in | ofthis article detects data likely to characterize the existence of a terrorist threat, the Prime Minister or one of the persons delegated by him may authorize, after consulting the National Commission control of intelligence ‘techniques given under the conditions provided for in Chapter | of Title Il of this book, the identification of the person(s) concemed and the collection of the related data. These data are used within sixty days of this collection and are destroyed at the end of this, period. Data not detected by processing as likely o reveal a terrorist threat are immediately destroyed \V-The urgency mentioned in the last sentence of the second paragraph of Article L. 821-1 cannot be invoked for authorizations issued on the basis of | and Il ofthis article, V- A service of the Prime Minister alone is authorized to carry out the processing and operations implemented on the basis of | and IV, under the control ofthe National Commission for the Control of Intelligence Techniques. Noma In accordance with I of orticle 15 of law n* 2021-998 of July 30, 2021, the Government sends to Parliament, no later than July 31, 2024, a report on the application of article L. 851-3 ofthe Homeland Security Code. Article L851-4 CCreation LAW n°2015-912 of July 24, 2015 - art. 5 hitpssAwwlogirance.gouv.fdeodesis. CGISCTADI0030934655 9720316723, 2:10 PM BOOK Vill: INTELLIGENCE (Articles L 801-1 to L898-1)- Légirance Under the conditions provided for in Chapter | of Title Il of this book, the technical data relating to the location of the terminal equipment used mentioned in Article L. 851-1 may be collected upon request from the network and transmitted in real time by the ‘operators. ata service of the Prime Minister. Article L851-5 Creation LAW n°2015-912 of July 24,2015 - art. 5 Under the conditions provided for in Chapter | of Title Il of this book, the use of a technical device allowing the real-time localization of a person, a vehicle or an object may be authorized. If the implementation ofthis technique requires the introduction in a vehicle or in a private place, this measurement is carried out according to the methods defined in article L, 853-3. Article L851-6 Creation LAW n*2015-912 of July 24,2015 -art. 5 |.-Under the conditions provided for in Chapter | of Title Il ofthis book, the technical connection data enabling the identification of ‘terminal equipment or its user's subscription number as well as data relating to the location of the terminal equipment used. Notwithstanding article L. 821-4 of this code, the authorization is issued for a period of two months, renewable under the same conditions of duration, II-The technical devices or devices mentioned in | are the subject of registration in a special register kept at the disposal of the National Commission for the Control of Intelligence Techniques and can only be implemented by individually designated agents. and empowered IIL-A service of the Prime Minister centralizes the information or documents collected, which are: 1° Kept under the conditions provided forin Article L. 822-2, ifthey relate to the authorization to use; 2° Destroyed as soon as it appears that they are not related to the authorization for use, within a maximum period of ninety days. IV-The maximum number of devices or technical devices mentioned in Il of this article that can be used simultaneously is set by the Prime Minister, after consulting the National Commission for the Control of Intelligence Techniques. The decision fixing this quota and its distribution between the ministers mentioned in the first paragraph of article L. 821-2 is brought to the attention of the commission, Article L851-7 Creation LAW n*2015-912 of July 24,2015 -art. 5 ‘This chapter is implemented in compliance with article 226-15 of the penal code Chapter IL: Security interceptions (Articles L852-1 to L852-3) Article L852-1 ‘Amended by LAW n°2016-987 of July 21, 2016- art. 17 |.- Under the conditions provided for in Chapter 1 of Title II of this book, the interception of correspondence sent by means of electronic communications and likely to reveal information relating to the purposes mentioned in Article L. 811-3 may be authorized . . When there are serious reasons to believe that one or more persons belonging to the entourage of a person concerned by the authorization are likely to provide information in respect of the purpose which motivates the authorization, the latter may also be granted for these persons. IL For the sole purposes mentioned in 1" and 4° and a of 5* of Article L. 11-3 ofthis code, the use of a device or technical device ‘mentioned in 1° of article 226-3 of the penal code in order to intercept correspondence sent or received by terminal equipment. Correspondence intercepted by this device or this technical device is destroyed as soon as it appears that they are unrelated to the authorization issued, within the time limit provided for in 1° of of Article L. 822-2 ofthe this code. IiL-The authorization constitutes authorization to collect the information or documents mentioned in article L. 851-1 associated with the execution of the interception andits use. IV. A service of the Prime Minister organizes the centralization of the execution ofthe interceptions mentioned in|. After consulting the National Commission for the Control of Intelligence Techniques, the Prime Minister defines the procedures for the centralization of correspondence intercepted in application of II \V-The operations of transcription and extraction of intercepted communications, to which the National Commission for the Control of intelligence Techniques has permanent, complete, direct and immediate access, are carried out within a service of the Prime Minister. \VL- The maximum number of interception authorizations in force simultaneously is set by the Prime Minister, after consulting the National Commission for the Control of intelligence Techniques. The decision fixing this quota and its distribution between the ministers mentioned in the first paragraph of article L. 821-2 as well as the number of interception authorizations issued are brought to the attention of the commission. Article L852-2 Creation LAW n°2017-1510 of October 30, 2017 - art. 15 (V) hitpssAwwlogirance.gouv.fdeodesis. CGISCTADI0030934655 10720316723, 2:10 PM BOOK Vill: INTELLIGENCE (Articles L 801-1 to L898-1)- Légirance Under the conditions provided for in Chapter | of Title Il of this book, the interception of correspondence exchanged within an electronic communications network using exclusively the radio channel and not involving the intervention of a communications ‘operator may be authorized. electronic, when this network's designed for private use by a person or a closed group of users. For ‘the application of 6° of Article L. 821-2 , when the identity of the person concerned is not known, the request specifies the elements necessary forthe identification of the network concerned, ‘The authorization mentioned in the first paragraph of this article constitutes authorization to collect the information or documents ‘mentioned in article L. 851-1 associated with the execution of the interception and its use. Article L852-3 Modified by LAW n’2021-998 of July 30, 2021 - art. 13 (V) for technical reasons or for reasons of confidentiality hindering the assistance of the operators or persons mentioned in Article L 851-1. Correspondence intercepted in this context is destroyed as soon as it appears that they are unrelated to the person concerned by the authorization, and at the latest at the end of the period provided for in 1" of lof Article L. 822-2. IL-8y way of derogation from Article L. 821-4, the authorization is issued for a maximum period of thirty days, renewable under the same conditions of duration. It constitutes authorization to collect the information or documents mentioned in article L. 851-1 associated with the execution of the interception and its use. IIL. A service of the Prime Minister organizes the centralization of intercepted correspondence and information or documents collected pursuant to | and II of this article. This centralization occurs as soon as communications are intercepted, unless technically impossible. In this case, the data collected is subject to encryption as soon as itis collected and until it is effectively centralized within the Prime Minister's department mentioned in this paragraph. The request provided for in Article L, 821-2 specifies the reasons preventing the immediate centralization of intercepted correspondence. ‘The operations of transcription and extraction of intercepted communications, to which the National Commission for the Control of Intelligence Techniques has permanent, complete, direct and immediate access, are carried out within the Prime Minister's department mentioned in the first paragraph ofthis Il I~ The maximum number of interception authorizations in force simultaneously is set by the Prime Minister, after consulting the National Commission for the Control of Intelligence Techniques. The decision fixing this quota and its distribution between the ministers mentioned in the first paragraph of article L. 821-2 as well as the number of interception authorizations issued are brought to the attention of the commission. Nota: Inaccordonce with I of Article 13 of Law No. 2021-998 of July 30,2021, these provisions are applicable until July 21,2025. The Government is sending Parliament an assessment report on the application of these provisions to the no later thant six months before this deadline. Chapter III: The sound system of certain places and vehicles and the capture of images and computer data (Articles L853-1 to L853-3) Article L853-1 Modified by LAW n°2021-998 of July 30, 2021 - art. 18 |.-Under the conditions provided for in Chapter | of Title II of this book, may be authorized, when the information cannot be collected by another legally authorized means, the use of technical devices allowing the capture, fixation, transmission and the recording of words spoken privately or confidentially, or of images in a private place. Il By way of derogation from article L. 821-4, the authorization is issued for a maximum duration of two months, renewable under the same conditions of duration. IiL-The technical devices mentioned in | ofthis article can only be used by agents belonging to one of the services mentioned in articles L, 811-2 and L. 811-4, thelist of which is fixed by decree in Council of state Iz The service authorized to use the technique mentioned in ofthis article reports to the National Commission for the Control of Intelligence Techniques on its implementation, The commission may at any time make a recommendation that this operation be interrupted and that the information collected be destroyed. IV bis.-The urgency mentioned in the last sentence of the second paragraph of Article L. 821-1 may only be invoked if the authorization provided for in this article has been issued under 1’, 4° or a of ° of article L. 811.3. \V- Ifthe implementation of this technique requires entry into @ vehicle or into a private place, this measurement is carried out according to the procedures defined in Article L. 853-3, Article L853-2 Modified by LAW n°2021-998 of July 30, 2021 - art. 11 Modified by LAW n°2021-998 of July 30, 2021 - art. 18 |-Under the conditions provided for in Chapter | of Title Il of this book, may be authorized, when the information cannot be collected by another legally authorized means, the use of technical devices allowing access to stored computer data in a computer, hitpssAwwlogirance.gouv.fdeodesis. CGISCTADI0030934655 120316723, 2:10 PM BOOK Vill: INTELLIGENCE (Articles L 801-1 to L898-1)- Légirance system, to record, store and transmit them, and allowing access to these same computer data, to record, store and transmit them, as they are displayed on a screen for the user of an automated data processing system, as he introduces them therein by entering, characters or as they are received and transmitted by peripherals. II. - Notwithstanding article L. 821-4, the authorization to implement the technique mentioned in | ofthis article is issued for a ‘maximum period of two months. The authorization is renewable under the same conditions of duration. Ill.- The technical devices mentioned in | of this article can only be used by agents belonging to one of the services mentioned in articles L 811-2 and L. 811-4, thelist of which is fixed by decree in Council of State. IV. The service authorized to use the technique mentioned in | reports to the National Commission for the Control of intelligence Techniques on its implementation. The commission may at any time make a recommendation that this operation be interrupted and that the information collected be destroyed IV bis.-The urgency mentioned in the last sentence of the second paragraph of Article L. 821-1 may only be invoked if the authorization provided for in this article has been issued under 1’, 4° or a of 5° of article L. 811.3. \.- Ifthe implementation of this technique requires the introduction in a vehicle or in a private place, this measurement is carried out according to the methods defined in article L 853-3, Article L853-3, Modified by LAW n°2021-998 of July 30, 2021 - art. 11 Modified by LAW n°2021-998 of July 30, 2021 - art. 18 |.-Under the conditions provided for in Chapter |of Title Il ofthis book, when 0dified by LAW n°2021-998 of July 30, 2021 - art. 19 the information cannot be collected by another legally authorized means, the introduction into a vehicle or into a private place for the sole purpose of setting up , to use or remove the technical devices mentioned in Articles L. 851-5, L. 853-1 and L. 853-2 may be authorised. It isa place of residence or for the use of the technique mentioned in Article L. 853-2, the installation and use of these devices may only be authorized after express opinion of the National Commission for the Control of Intelligence Techniques, ruling, in restricted formation or in plenary formation, Entry into a vehicle or into a private place may only be carried out by individually designated and authorized agents belonging to one of the services mentioned in Articles L 811-2 and L. 811-4, the list of which is fixed by decree in Council of State. |I_When the penultimate paragraph of Article L. 821-2 is applied, the request mentions, when known, any information allowing the location, its use, its owner to be identified. or any person benefiting from a right, as well as the detailed nature of the arrangement envisaged, IIL» By way of derogation from article L. 821-4 , the authorization, specially reasoned, s issued for a maximum duration of thirty days and is renewable under the same conditions of duration as the initial authorization. It only applies to acts of installation, use, maintenance or removal of technical devices. ‘The urgency mentioned in the last sentence of the second paragraph of Article L. 821-1 can only be invoked if the authorization provided for in this article has been issued under 1°, 4” or a. of § of article L. 811-3. When the introduction mentioned in | of this article relates to a private place for residential use, the emergency nature can only be invoked if the authorization has been issued under 4° of article L. 811-3. INicThe service authorized to resort to entry into a vehicle or into a private place reports to the commission on its implementation. ‘The commission may at any time make a recommendation that this operation be interrupted and that the information collected be destroyed. Chapter IV: Surveillance measures for intemational electronic communications (Articles L854-1 to L854-9) Article L854-1 ‘Amended by LAW n*2018-607 of July 13, 2018- art. 37, Under the conditions provided for in this chapter, may be authorized, for the sole purposes of defense and promotion of the fundamental interests of the Nation mentioned in Article L, 811-3, the surveillance of communications sent or received abroad, This surveillance, whether it concerns correspondence or connection data, is exclusively governed by this chapter. ‘The measures taken in this respect cannot be intended to ensure the individual monitoring of the communications of persons Using subscription numbers or technical identifiers traceable to the national teritory, with the exception of the case where these persons communicate from abroad. and, either were the subject of a security interception authorization, issued pursuant to Article L 852-1 , on the date on which they left the national territory, or are identified as presenting a threat to the regard to the fundamental interests of the Nation mentioned in Article L, 811-3. The authorizations provided for in Articles L. 851-1, l. 851-2 and in | of Article L. 852-1 may be worth, when the authorization decision so provides, authorization to operate communications, or only connection data, intercepted as part of the implementation of surveillance measures for international communications, within the scope of these authorizations and in compliance with the guarantees that surround them, Subject to the specific provisions of the third and fourth paragraphs of this article as well as V of article L. 854-2 , when it appears, ‘that intercepted electronic communications are exchanged between persons or equipment using subscription numbers or technical identifiers traceable to the national territory, including when these communications pass through equipment not traceable to this territory, these are instantly destroyed, Article L854-2 ‘Amended by LAW n*2018-607 of July 13, 2018- art. 37, |The Prime Minister designates, by a reasoned decision, the electronic communications networks on which he authorizes the interception of communications sent or received abroad, within the limits set out in Article L. 854-1, hitpssAwwlogirance.gouv.fdeodesis. CGISCTADI0030934655 1220316723, 2:10 PM BOOK Vill: INTELLIGENCE (Articles L 801-1 to L898-1)- Légirance ll At the reasoned request of the ministers or their delegates mentioned in the first paragraph of Article L. 821-2 , the Prime Minister or one of the delegates mentioned in Article L. 821-4 may authorize the non-individualised use of intercepted connection data. ‘Authorization designates: 1° The purpose(s) pursued among those mentioned in Article L, 811-3; 2° The reason|s) for the measures; 3° The department or departments mentioned in Article L, 811-2 in charge of this operation; 44° The type of automated processing that can be implemented, specifying their purpose. tion, renewable under the same conditions as those provided for in this I is issued for a maximum period of one The authoriz year. liL- At the reasoned request of the ministers or their delegates mentioned in the first paragraph of Article L. 821-2, the Prime Minister or one of his delegates may also, after consulting the National Commission for the Control of information, issue an authorization to use intercepted communications, or only connection data, ‘Authorization designates: 1° The purpose(s) pursued among those mentioned in Article L 811-3; 2° The reason|s) for the measures; 3° The geographical areas or organisations, groups of persons or persons concerned; 4° The department or departments mentioned in Article L. 811-2 in charge of this operation, ‘The authorization, renewable under the same conditions as those provided fr inthis Il is issued for a maximum period of four months, IW-The authorization provided for in Ill constitutes authorization to carry out spot checks within the intercepted connection data for the sole purpose of detecting a threat to the fundamental interests of the Nation linked to the relationship between ‘subscription numbers or identifiers techniques attachable to French territory and geographical areas, organizations or persons mentioned in 3° of the same Il For the sole purpose of urgently detecting a terrorist threat, this spot check may relate to communications of subscription numbers or technical identifiers traceable to the national territory. These numbers and identifiers are immediately communicated to the Prime Minister and to the National Commission for the Control of intelligence Techniques, for the purposes of the control provided forin Article L. 854-9, Spot checks can also be implemented to detect on communications of technical identifiers traceable to the national territory, for ‘echnical analysis purposes, elements of cyberattacks likely to harm the fundamental interests of the Nation mentioned in 1° of article L.8i1-3. ‘When the spot checks mentioned in this IV reveal the need for surveillance, the use of intercepted communications or connection data alone may only be continued on the basis of an authorization obtained pursuant to Chapters | or I of the this title or V of this, article, in compliance with the rules specific to them. \V; By way of derogation from the third paragraph of Article L. 854-1 and for the defense or promotion of the purposes mentioned in 1,2", 4°,6" and 7" of Article L. 811-3, the Prime Minister or one of his delegates may, under the conditions provided for in Ill ofthis, article, issue an authorization to use communications or only intercepted connection data, subscription numbers or technical identifiers linked to the national teritory whose user communicates from this territory. The maximum number of operating authorizations, in force simultaneously and relating to correspondence, is set by the Prime Minister, after consulting the National Commission for the Control of Intelligence Techniques. The decision fixing this quota and its distribution between the ministers mentioned in the first paragraph of article L. 821-2 are brought to the attention of the commission, Article L854-3 Creation LAW n*2015-1556 of November 30, 2015 - art. 1 Persons who exercise in France a mandate or a profession mentioned in Article L. 821-7 cannot be subject to individual monitoring. of their communications by reason of the exercise of the mandate or profession concerned. Article L854-4 ‘Amended by LAW n*2018-607 of July 13, 2018- art. 37 ‘The interception and exploitation of communications pursuant to this chapter as well as the spot check mentioned in V of article LL. 854-2 as well a the spot check mentioned in IV of article L. 854-2 constitute the object of traceability systems organized by the Prime Minister after consulting the National Commission for the Contral of Intelligence Techniques. The Prime Minister defines the procedures for centralizing the information collected. Article L854-5 Creation LAW n°2015-1556 of November 30, 2015 - art. 1 hitpssAwwlogirance.gouv.fdeodesis. CGISCTADI0030934655 1320316723, 2:10 PM BOOK Vill: INTELLIGENCE (Articles L 801-1 to L898-1)- Légirance Subject to the specific provisions of Article L. 854-8 , the information collected pursuant to this chapter is destroyed after a period of: 1° Twelve months from their first use for correspondence, within the limit of a period of four years from their collection; 2° Six years from their collection for connection data, For information that is encrypted, the period runs from its decryption. They cannot be kept for more than eight years from their collection, To the extent strictly necessary for the purposes of technical analysis and excluding any use for the surveillance of data subjects, the information collected under this chapter which contains elements of a cyberattack or which is encrypted, as well as information decrypted associated with the latter, may be kept beyond the periods mentioned in this article. By way of derogation from the first five paragraphs, information relating to a request referred to the Council of State cannot be destroyed. At the end of the periods provided for in this article, they are kept solely for the purposes of the procedure before the Council of State. Article L854-6 Modified by LAW n'2021-998 of July 30, 2021 - art. 9 Subject to the specific provisions of Article L. 854-8 the information collected pursuant to this chapter is used by the service(s} mentioned in Article L, 611-2 designated by the authorization. Information may nat be collected, transcribed or extracted for purposes other than those mentioned in Article L. 811-3, A specialized intelligence service mentioned in Article L. 811-2 may, under the conditions defined in the first two paragraphs and in 2° of Il of Article L. 822-3, transmit any information transcribed or extracted to another of these departments or to a department designated by the Conseil d'Etat decree provided for in Article L. 811-4. Transcriptions or extracts must be destroyed as soon as their conservation is no longer essential for the pursuit of the purposes mentioned in Article L. 811-3, The operations of destruction of the information collected, the transcriptions, the extractions and the transmissions are carried out under the conditions provided for in article L. 822-4 Article L854-7 Creation LAW n'2015-1556 of November 30, 2015 - art. 1 The conditions provided for in Articles L. 871-6 and L. 871-7 are applicable to material operations catried out by electronic communications operators for the implementation of the measures provided for in of Article L. 854-2. Article L854-8 Creation LAW n°2015-1556 of November 30, 2015 - art. 1 ‘When the intercepted correspondence refers to subscription numbers or technical identifiers traceable to the national territory, it is used under the conditions provided for in lV and V of Article L, 852-1 and stored and destroyed under the conditions provided for in Articles L. 822-2 to L, 822-4 , under the control of the National Commission for the Control of Intelligence Techniques. However, the retention period for correspondence runs from their first use, but may not exceed six months from their collection. The connection data associated with this correspondence is kept and destroyed under the conditions provided for in the same articles 822-2 to L. 822. Article L854-9 Modified by LAW n°2021-998 of July 30, 2021 - art. 23 Modified by LAW n°2021-998 of July 30, 2021 - art. 9 ‘The National Commission for the Control of Intelligence Techniques issues an opinion on the requests mentioned in Ill and V of Article L. 854-2 under the conditions provided for in Article L. 821-3 . When the authorization mentioned in V of Article L. 854-2 is issued after an unfavorable opinion from the commission, the procedure provided for in the second paragraph of Article L. 821-1 is, applicable. The commission receives communication of all the decisions and authorizations mentioned in article L. 854-2. It has permanent, complete and direct access to the traceability devices mentioned in Article L. 854-4 , to the information collected, to the transcriptions, extractions and transmissions carried out as well as to the readings carried out in application of the. AC its request, it can control the technical devices necessary for the execution of decisions and authorizations. the surveillance of the persons mentioned in the third paragraph of Article L. 854-1 has not already been the subject of a specific authorization, their Identity is brought to the attention of the commission without delay. ‘The commission may request from the Prime Minister all the elements necessary for the accomplishment ofits missions Article L. 833-3 is applicable to inspections carried out by the commission pursuant to this article. On its own initiative or on the complaint of any person wishing to verify that no monitoring or ad hoc verification measure has been irregularly implemented in its regard, the commission shall ensure that the measures implemented under this chapter comply with the conditions it sets as well as those defined by the texts adopted for its application and by the decisions and authorizations of the Prime Minister or his delegates. It notifies the author of the complaint that the necessary verifications have been carried out, without confirming or denying the implementation of monitoring measures or spot checks. ‘When it finds a breach of this chapter, the commission sends a recommendation to the Prime Minister that the breach cease and that the information collected be destroyed, if necessary. When the Prime Minister does not act on this recommendation or when ‘the action taken thereon is considered insufficient, the Council of State, ruling under the conditions provided for in chapter II bis of title Vil of book Vil of the code of administrative justice, can be seized by the president or by at least three members of the tps Aww Jogirance.gouw leodestisL EGISCTADIOD30834655 1420316723, 2:10 PM BOOK Vill: INTELLIGENCE (Articles L 801-1 to L898-1)- Légirance ‘commission, However, any person wishing to verify that he has not been the subject of irrepular survelllance under V of Article L, 854-2 of this code may appeal to the Council of State for the appeal provided forin 1° of article L. ‘The commission may at any time address to the Prime Minister the recommendations and observations it deems necessary for the control it exercises over the application of this chapter. Chapter V: Surveillance measures for certain radio communications (Articles L855-1 A to L855-1C) Article L855-1 A Creation LAW n*2017-1510 of October 30, 2017 - art. 15 (V) The intelligence services mentioned in Articles |. 811-2 and L. 811-4 are authorized, for the sole purposes of defending and promoting the fundamental interests of the Nation mentioned in Article L, 811-3 , to proceed the interception and exploitation of electronic communications using exclusively the radio channel and not involving the intervention of an electronic communications ‘operator when this interception and this exploitation do not fall within the scope of any intelligence techniques provided for in Chapters | to V ofthis Title. These surveillance measures are governed exclusively by this chapter, Article L855-1B Creation LAW n°2017-1510 of October 30, 2017 - art. 15 (V) |The information collected pursuant to Article L. 855-1 Ais destroyed after a period of six years from its callection, For information that is encrypted, the period runs from its decryption. They cannot be kept for more than eight years from their collection, II-The information mentioned in| may not be transcribed or extracted for purposes other than those mentioned in Article L. 811-3 ‘Transcriptions of extracts must be destroyed as soon as thelr conservation is no longer essential for the pursuit of the purposes ‘mentioned in the same article L. 811-3, Article L855-1C Creation LAW n°2017-1510 of October 30, 2017 -art. 15 (V) ‘The National Commission for the Control of Intelligence Techniques ensures compliance with the respective fields of application of the articles of Chapters | to IV ofthis Title governing intelligence techniques and of Article L. 855-1 A ‘As such, it is informed of the scope and nature of the measures taken pursuant to the same article L. 855-1 A. It may, atits request and for the sole purpose of ensuring compliance with the scopes mentioned in the first paragraph of this article, to be presented on site with the interception capacities implemented on the basis of the said article L. 855-1 A and to be provided with the information collected kept on the date of his request and the transcriptions and extractions performed, ‘The commission may, at any time, address to the Prime Minister, as well as to the parliamentary intelligence delegation, the recommendations and observations that it deems necessary for the control that it exercises over the application of this chapter. TITLE V BIS: PRISON SECURITY INFORMATION (Article L855-1) Article L855-1 Modified by LAW n*2019-222 of March 23, 2019- art. 89 By way of derogation from 3° and 4° of Article L, 801-1, the prison administration services designated by decree in Council of State ‘taken after consulting the National Commission for the Control of Intelligence Techniques may be authorized to use the techniques mentioned in articles L. 851-1, L. 851-4, L. 851-5 and L. 851-6, in of article L. 852-1, in articles L. 852-2 and L. 853-1 as well as, in the case provided for in V of the same Article L. 853-1, in Article L. 853-3 under the conditions provided for i Titles Il and V of this book, forthe purposes of preventing escapes and to ensure security within penitentiary establishments or heath establishments intended to receive detainees. ‘The intelligence technique defined in I of Article L. 853-1 cannot be implemented, in the case provided for in V of the same Article L, 853-1 and according to the procedures defined in Article L. 853- 3, only against detained persons who present a particularly high risk of escape or whose behavior constitutes a particularly serious threat to security within penitentiary establishments or health establishments intended to receive persons detained. The other intelligence techniques mentioned in the first paragraph of this article may be implemented against persons who present a particularly high risk af escape or whose behavior constitutes a threat of particular seriousness for security within penitentiary establishments or health establishments intended to receive detainees. None of the intelligence techniques mentioned in the same first paragraph may be implemented during communications or interviews between a detained person anc his lawyer. After consulting the National Commission for the Control of Intelligence Techniques, the Prime Minister sets the maximum number of authorizations simultaneously in force issued on the basis, on the one hand, of Article L. 852-2, on the other hand , of lof Article 853-1 and, finally, in the case provided for in V of the same Article L. 853-1, of Article L. 853-3. The decisions fixing these three quotas as well as the number of authorizations issued are brought to the attention of the commission. TITLE VI: SPECIALIZED INTELLIGENCE SERVICE AGENTS (Articles L861-1 to L863-2) Chapter I: Protection of national defense secrets and the anonymity of agents (Articles L861-1 to L861-3) hitpssAwwlogirance.gouv.fdeodesis. CGISCTADI0030934655 1820316723, 2:10 PM BOOK Vill: INTELLIGENCE (Articles L 801-1 to L898-1)- Légirance Article L861-1 ‘Amended by ORDER No. 2015-1341 of October 23, 2015 - art. 3(V) The regulatory and individual acts concerning the organization, management and operation of the services mentioned In Article L. 811-2 and those designated by the Conseil d'etat decree provided for in Article L, 811-4 as well as that the situation of their agents, are taken under conditions which guarantee the preservation of the anonymity of the agents. When, pursuant tothe first paragraph ofthis article, an act cannot be published, its entry into force is subject to its registration In a special collection, exempt from any publication or distribution and kept by the Prime Minister. Only the competent public authorities and public officials proving an interest as well as, under the conditions and subject to the reservations provided for in ‘the last paragraph, the administrative and judicial courts may consult a document appearing in ths collection, By way of derogation from article L. 111-2 of the code of relations between the public and the administration, the decisions and other acts taken by the administrative authorities within the departments mentioned in the first paragraph of this article may include only, in addition to the signature, the identification number of their author, assigned with the delegation of signature and which replaces the mention of his first name, surname and quality. The number of numbered signature delegations per service is set by order of the competent minister. When, in the context of proceedings brought before an administrative or judicial court, the resolution of the dispute depends on a question relating to an act not published pursuant to this article or subject to a numbered signature, the later is communicated, at its request, to the court or to the magistrate delegated by it, without being adversarial. If this acts protected as national defense secrecy, the court may request its declassification and communication pursuant to Article L,2312-4 of the Defense Code. Article L861-2 Creation LAW n°2015-912 of July 24, 2015 - art. 23 For the exercise of a mission relating to defense and national security, the agents of the specialized intelligence services mentioned in Article L, 811-2 may, under the authority of the agent responsible for supervising or coordinating the mission, make use of an assumed identity or a false capacity. In this case, the agents mentioned in the first paragraph are not criminally liable for this use, nor are the persons required for the ‘sole purpose of establishing or allowing the use of the assumed identity or the false quality. Articles 50 to 52 of the Civil Code are ‘not applicable to these persons. {An order of the Prime Minister specifies, among the services designated by the decree in Council of State provided for in article L. 811-4 of this code, those whose agents can also make use of an assumed identity or a false quality Article L861-3 ‘Amended by LAW n°2017-55 of January 20, 2017 -art. 36 |-Any agent of a department mentioned in article L, 811-2 or of a department designated by the Conseil d’Etat decree provided for inarticleL, 811-4 who is aware, in the exercise ofits functions, of facts likely to constitute a manifest violation of this book may bring these facts to the attention of the National Commission for the Control of Intelligence Techniques, which may then seize the Council of State under the conditions provided for in L. 833-8 and inform the Prime Minister. When the commission considers that the observed illegality is likely to constitute an offence, it seizes the public prosecutor in compliance with national defense secrecy and transmits all the elements brought to its attention to the Commission du secrecy of the national defense so that it gives the Prime Minister its opinion on the possibility of declassifying all or part of these elements ‘with a view to their transmission to the public prosecutor. II-No agent may be penalized or be the subject of a discriminatory measure, direct or indirect, in particular in terms of remuneration, recruitment, tenure, rating, discipline, treatment, training, reclassification , assignment, qualification, classification, professional promotion, transfer, interruption or renewal of contract, for having brought, in good faith, the facts mentioned in | to the attention of the National Commission for the Control of intelligence techniques. Any act contrary to this paragraph is null and void. Inthe event of a dispute relating to the application ofthe first paragraph of this Il its incumbent on the defendant to prove that its, decision i justified by objective elements unrelated to the statement or testimony of the agent concerned, ‘Any agent who recounts or testifies to the facts mentioned in I, in bad faith or with the intention of harming or with atleast partial knowledge of the inaccuracy of the facts, incurs the penalties provided for in the first paragraph of Article 226-10 .of the penal code Chapter II: Legal protection of agents (Articles 862-1 to 1862-2) Article L862-1 Creation LAW n*2015-912 of July 24, 2015 -art. 8 ‘When acts committed outside the national territory, for purposes strictly necessary for the accomplishment of a mission ordered by its legitimate authorities, by an agent of the services mentioned in Article L. 8Li-2, are brought to its attention and appear likely to constitute criminal offences, the territorally competent public prosecutor informs the minister responsible for the service of the agent concerned for the purpose of obtaining his opinion prior to any act of prosecution. Except in cases of emergency, this opinion is given within one month. The opinion is requested by any means mentioned in the fle of the procedure. The opinion appears in the file of the procedure, on pain of nullity, except if it was not formulated within the above-mentioned period orin case of urgency. Article L862-2 Creation LAW n°2015-912 of July 24, 2015 - art. 8 hitpssAwwlogirance.gouv.fdeodesis. CGISCTADI0030934655 1620316723, 2:10 PM BOOK Vill: INTELLIGENCE (Articles L 801-1 to L898-1)- Légirance The agents of the specialized intelligence services are criminally liable for their acts under the conditions defined in Title Il of Book lof the Criminal Code. Chapter II: Information from the intelligence services (Articles L863-1 to L863-2) Article L863-1 Creation LAW n°2015-912 of July 24, 2015 -art. 8 In the performance of their missions defined in Title | of this book, the individually designated and authorized agents of the services mentioned in Article L. 811-2 or ofthe services designated by the Conseil d’Etat decree provided for in Article L. 811-4 may carry out the following acts without being criminally liable: 1° Tobe in contact, by means of electronic exchanges and under the conditions provided for in Article L. 861-2, with persons likely ‘to harm the fundamental interests of the Nation mentioned in Article L. 8L1-3; 2° Extract, acquire or store by this means data on the persons mentioned in 1° ofthis article; 3° Extracting, transmitting in response to an express request, acquiring or storing content that directly provokes the commission of acts of terrorism or by advocating for it ‘These acts may not constitute incitement to commit offences, under penalty of one year's imprisonment and a fine of €30,000. Article L863-2 Modified by LAW n'2021-998 of July 30, 2021 -art. 9 ‘The administrative authorities, other than the intelligence services, mentioned in | of Article 1 of Ordinance No. 2005-1516 of 8 December 2005 relating to electronic exchanges between users ané administrative authorities and between administrative authorities may send to the specialized intelligence services mentioned jin article L. 8L1-2 of this code and to the services designated by the Conseil d'Ftat decree provided for in article L. 811-4, at the request of one of these services , any information, even covered by secrecy protected by law, strictly necessary for the accomplishment of the missions of this service and likely to contribute to the defense and promotion of the fundamental interests ofthe Nation mentioned in articie L. 811-3. ‘The personal data mentioned in |of article 6 of law n’ 78-17 of January 6, 1978 relating to data processing, files and freedoms, with the exception of genetic data, may be subject to ofthis transmission. ‘The processing of personal data implemented by the administrative authorities mentioned in the first paragraph of this article ensures the traceability of transmissions, specifying their date and purpose, the nature of the data transmitted and the services to ‘which they were addressed. ‘Any person who is made the recipient of these transmissions is bound by professional secrecy, under the conditions and under the penalties provided for in Articles 226-13 and 226-14 of the Criminal Code, ‘The service receiving the information transmitted destroys it when it is not or no longer necessary for the accomplishment of its missions. ‘The agent mentioned in the last paragraph of Il of Article L. 822-3 of this code is responsible for ensuring the traceability of these transmissions and for ensuring compliance with the application of this, ‘TITLE VI: OBLIGATIONS OF OPERATORS AND SERVICE PROVIDERS (Articles L871-1 to L871-7) Article L871-1 Creation LAW n°2015-912 of July 24, 2015- art. 12 Natural or legal persons who provide cryptology services aimed at ensuring a confidentiality function are required to deliver within ‘seventy-two hours to authorized agents under the conditions provided for in Article L. 821-4, at their request , the conventions, allowing the decryption of the data transformed by means of the services they have provided, Authorized agents may ask the aforementioned service providers to implement these agreements themselves within seventy-two hours, unless they demonstrate that they are unable to meet these requisitions. A Conseil d'Etat decree specifies the procedures according to which this obligation is implemented as well as the conditions under ‘which the Financial responsibilty for this implementation is provided by the State, Article L871-2 ‘Amended by LAW n*2017-1510 of October 30, 2017 - art. 15 (V) The courts competent to order interception pursuant to the Code of Criminal Procedure may require, from natural or legal persons operating electronic communications networks or providers of electronic communications services, the information or documents that they need forthe realization and exploitation of interceptions authorized by law. ‘The provision of the information or documents referred to in the preceding paragraph does not constitute a diversion of their purpose within the meaning of Article 226-21 of the Criminal Code. hitpssAwwlogirance.gouv.fdeodesis. GISCTADI0030934655 1720316723, 2:10 PM BOOK Vill: INTELLIGENCE (Articles L 801-1 to L898-1)- Légirance The natural or legal persons mentioned in the first paragraph of this article are required to respond, as soon as possible, to the requests made, Article L871-3 Modifi sd by LAW n°2021-998 of July 30, 2021 art. 12 [As part of the powers conferred on him by Book II of the Postal and Electronic Communications Code, the Minister responsible for electronic communications ensures in particular that operators of electronic communications networks open to the public and communications service providers electronic devices to the public take the necessary measures to ensure the application, in compliance with national defense secrets, of the provisions of this book, of section 3 of chapter | of title Ill of book | of the code of criminal procedure relating to interceptions correspondence sent by means of telecommunications ordered by the judicial authority and sections 5 and 6 of chapter Il f title XXV of book IV of the same code. Article L871-4 Creation LAW n°2015-912 of July 24, 2015 - art. 12 ‘The electronic communications operators mentioned in article L. 34-1 of the postal and electronic communications code as well as the persons mentioned in 1 and 2 of lof article 6 of law n° 2004-575 of 21 June 2004 for confidence in the digital economy are required to authorize, for control purposes, the members and agents of the National Commission for the Control of Intelligence Techniques, mandated for this purpose by the chairman of the commission, to enter in the premises of these operators or of these persons in ‘which techniques for collecting information authorized pursuant to Title Vof this book are implemented, ‘They communicate, under the same conditions, al the information requested by the commission relating to these operations. Article L871-5 Creation LAW n°2015-912 of July 24, 2015- art. 11 ‘The essential requirements defined in 12° of article L. 32 of the postal and electronic communications code and the secrecy of correspondence mentioned in article L. 32-3 of the same code are not binding on the competent courts to order interception, pursuant to Article 100 of the Code of Criminal Procedure, nor to the Minister responsible for electronic communications in the exercise of the prerogatives assigned to them by this book Article L871-6 Modified by LAW n*2021-998 of July 20,2023 - art. 12 ‘The material operations necessary for the implementation of the intelligence gathering techniques mentioned in articles L. 851-1 to L, 851-4, L, 851-6, L. 852-1 and L. 853-2 in the premises and installations of services or bodies placed under the authority or supervision of the Minister responsible for electronic communications or network operators or providers of electronic communications services may only be carried out on the order of the Prime Minister or on the order of the specially delegated person by him, by qualified agents of these services, organizations, operators or suppliers in their respective facilities, Article L871-7 Modified by LAW n’2021-998 of July 30, 2021 - art. 12 ‘The identifiable and specific additional costs possibly incurred by the operators and persons mentioned in Article L. 851-1 to respond to the implementation of the intelligence collection techniques mentioned in Articles L. 851-1, |. 851-2 to L. 851-4, 851-6, 852-1 and L, 853-2 are subject to financial compensation from the State. TITLE VII: PENAL PROVISIONS (Articles L881-1 to L881-2) Article L881-1 Creation LAW n°2015-912 of July 24, 2015- art. 13 The fact by a person contributing, in the cases provided for by law, to the execution of a technique for collecting intelligence, to reveal the existence of the implementation of this technique is punishable by the penalties mentioned in articles 226- 13, 226-14 and 226-31 of the penal code. Article L881-2 Creation LAW n°2015-912 of July 24, 2015-- art. 13 Failure to comply, under the conditions provided for in the first paragraph of Article L, 871-1 and Article L. 871-4, with the requests of ‘the competent authorities is punishable by two years’ imprisonment and 150 000 eure fine. ‘The same penalties apply if a person operating an electronic communications network or providing electronic communications services refuses, in violation of Title V of this book and the first paragraph of Article L. 871-2, to communicate the information or documents or the fact of communicating erroneous information. TITLE IX: PROVISIONS RELATING TO OVERSEAS (Articles L895-1 to L898-1) Chapter V: Provisions applicable in French Polynesia (Articles L895-1 to 1895-2) Article L895-1 Modified by LAW n*2021-998 of July 30, 2021- art. 27 hitpssAwwlogirance.gouv.fdeodesis. CGISCTADI0030934655 18720316723, 2:10 PM BOOK Vill: INTELLIGENCE (Articles L 801-1 to L898-1)- Légirance ‘The following provisions of this Book Vill are applicable in French Polynesia, in their wording resulting from Law No, 2021-998 of July 30, 2021 relating to the prevention of acts of terrorism and intelligence: L'Titles to; 2° In Title Vl: Articles L. 871-1, L, 871-2, L, 871-3, L. 871-4, L. 871-6 and L. 871-75, 3°Title Vil Article L895-2 Creation LAW n°2015-912 of July 24, 2015 art. 14 Forts application in French Polynesia, article L 871-6 is amended as follows: 1° The words: “departments or organizations placed under the authority or supervision of the Minister responsible for electronic ‘communications or network operators or service providers” are replaced by the words: “organizations responsible for operating a service audience * At the end, the words: “services, organisations, operators or suppliers in their respective facilities" are replaced by the word: rganisations Chapter VI: Provisions applicable in New Caledonia (Articles L896-1 to L896-2) Article L896-1 Modified by LAW n°2021-998 of July 30, 2021-- art. 27 ‘The following provisions of this Book Vill are applicable in New Caledonia, in their wording resulting from Law No. 2021-998 of July 30, 2021 relating to the prevention of acts of terrorism and intelligence L'Titles Ito Vi; 2° In Title Vl: Articles L. 871-1, L.871- 3°Title il L871.3,L 871-4, L.871-6 and L.871-7; Article L896-2 Creation LAW n°2015-912 of July 24, 2015- art. 14 Forts application in New Caledonia, Article L, 871-6 is amended as follows: 1° The words: “departments or organizations placed under the authority or supervision of the Minister responsible for electronic ‘communications or network operators or service providers" are replaced by the words: “organizations responsible for operating a service audience At the end, the words: “services, organisations, operators or suppliers in their respective facilities” are replaced by the word: ‘organisations Chapter VII: Provisions applicable to Wallis and Futuna (Articles L897-1 to L897-2) Article L897-1 Modified by LAW n°2021-898 of July 30, 2021 art. 27 ‘Are applicable to Wallis-et-Futuna, in their wording resulting from law n* 2021-998 of July 30, 2021 relating to the prevention of acts of terrorism and to intelligence, titles | to Vill ofth's book Vil Article L897-2 Creation LAW n°2015-912 of July 24, 2015- art. 14 For its application to Wallis-et-Futuna, Article L. 871-6 is amended as follows: 1° The words: “departments or organizations placed under the authority or supervision of the Minister responsible for electronic ‘communications or network operators or service providers" are replaced by the words: “organizations responsible for operating a service audience ‘At the end, the words: “services, organisations, operators or suppliers in their respective facilities” are replaced by the word: “ organisations’ Chapter VIII: Provisions applicable in the French Southern and Antarctic Lands (Article L898-1) Article L898-1 Modified by LAW n*2021-998 of July 30, 2021 art. 27 ‘Are applicable in the French Southern and Antarctic Lands, in their wording resulting from Law No. 2021-998 of July 30, 2021 relating to the prevention of acts of terrorism and intelligence, Titles | to Vill of this Book Vill, under subject to the following adaptations: hitpssAwwlogirance.gouv.fdeodesis. CGISCTADI0030934655 1920316723, 2:10 PM BOOK Vill: INTELLIGENCE (Articles L 801-1 to L898-1)- Légirance 1° At the beginning of Article L. 871-3, the words: “Within the framework of the powers conferred on it by Book Il of the Postal and Electronic Communications Code,” are deleted; 2° Atticle L. 871-5 is worded as follows: st, L, 871-5.- The essential requirements within the meaning of 12° of Article L. 32 of the Postal and Electronic Communications Code and the secrecy of correspondence that operators and their staff members must respect are not opposable either to the Courts competent to order interception pursuant to Article 100 of the Code of Criminal Procedure, or to the Minister responsible for electronic communications, in the exercise of the prerogatives devolved to them under this title. hitpsuAwwlagirance.gouw.fdeodesis. GISCTADI0030934655 20120