French Code of Criminal Procedure
In forceI.-Magistrates shall have access to all data, information and communications content recorded in the processing system, for the purposes of the proceedings brought before them.
II.For the purposes of the proceedings referred to them, the officers and judicial police agents of the national gendarmerie and police respectively mentioned in 2° to 4° of Article 16 and in article 20, customs and tax officials authorised to carry out judicial investigations, respectively referred to in articles 28-1 and 28-2, specially authorised and individually designated by their hierarchical superior, have access to data, information and the content of communications recorded in the processing system, with the exception of that which is placed under seal, unless authorised by the magistrate hearing the case.
III - In the performance of their duties, the court registrars individually designated by the registrar shall have access to all data, information and the content of communications contained in the proceedings referred to the judges they assist and recorded in the processing system.
IV - In order to carry out the tasks assigned to them, specialised assistants shall have access, with the authorisation of the magistrate, to all data, information and the content of communications contained in the proceedings referred to the magistrates they assist and recorded in the processing system.
V.-For the purposes of the missions referred to in article 67 bis-2 du code des douanes, customs officers authorised by the Minister for Customs in accordance with article 67 bis-2 of the Customs Code, and individually designated by their hierarchical superior, shall have access to the data recorded in the processing.
VI.-In order to carry out the tasks entrusted to them, the interpreter-translators have access, for a limited period of time and with the authorisation of the magistrate, judicial police officer, customs officer or tax department authorised to carry out judicial investigations, to the data, information and content of communications designated by the magistrate, judicial police officer, customs officer or tax department authorised to carry out judicial investigations.
VII -For the execution of a European Investigation Order or a request made under Article 18 of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, the investigators of the requesting State may access, with the authorisation of the magistrate hearing the proceedings and for a limited period, the data, information and content of communications that he designates.
VIII.-In order to clear encrypted data, with the authorisation of the magistrate hearing the case, the service mentioned in article 230-2 accesses encrypted communications data and content and, where applicable, data and information useful for decryption as designated by the criminal investigation officer, customs officer or tax official authorised to carry out criminal investigations.
IX.In order to carry out their duties, including the resolution of technical difficulties encountered by the persons mentioned in I, II, III, IV and V, the magistrates, civil servants, national gendarmerie officers and agents of the Ministry of Justice responsible for the operation, maintenance and upkeep of the national judicial interception platform, individually designated by the Secretary General of the Ministry of Justice, shall have access for a limited period to the data, information and content of communications recorded in the processing, with the express authorisation of the magistrate hearing the proceedings.
X.-For the purposes of checking prior to the payment of requests sent via the platform by the persons mentioned in I, II, III, IV and V, the agents of the Agence nationale des techniques d'enquêtes numériques judiciaires, responsible for monitoring legal costs and statements of costs, individually designated by the Secretary General of the Ministry of Justice, have access to the identities and contact details of users who have made requests for services via the platform.
XI.-Persons to whom services detachable from the judicial purposes of the processing operation may be entrusted by contract may not have access to the data, information and content of communications recorded by the processing operation, except in the event of exceptional technical difficulties. In such cases, they shall be granted access on a one-off basis, limited to the time required to resolve these difficulties, with the express authorisation of the Director of the National Agency for Judicial Digital Investigation Techniques or a person designated by him, following authorisation from the magistrate hearing the case.
XII.-If it is absolutely impossible to identify the magistrate hearing the proceedings without access to the data, information and content of communications recorded in the processing, authorisation for access to one of the applicants mentioned in I, II and III of this article shall be issued by the Director of the National Agency for Judicial Digital Investigation Techniques or by a magistrate assigned to the Agency. The magistrate responsible for the proceedings in question is then informed immediately by the person accessing the data. The qualified person mentioned in article R. 40-53 is also informed without delay by the director of the aforementioned agency of the authorisation he has thus issued.
