The Prime Minister,
On the report of the Minister of State, Minister of Interior and Regional Planning, Minister of Economy, Finance and Industry, and the Minister of Justice of the Seals Justice,
Given the postal code and electronic communications, in particular Article L. 34-1;
Due to the code of criminal procedure;
Due to the law n ° 78-17 of 6 January 1978 relating to computers, files and freedoms ;
In view of the opinion of the Regulatory Authority for Electronic Communications and Positions of 7 October 2005;
In view of the opinion of the Senior Public Service Commission on Electronic Communications and Communications dated 26 October 2005 ;
In view of the opinion of the National Information and Freedom Commission of 10 November 2005;
In the opinion of the Advisory Commission on Electronic Communications Networks and Services dated 30 November 2005;
In view of the opinion Of the Radiocommunications Advisory Board as of December 2, 2005;
The Conseil d' Etat (section of the interior) heard,
Section 3 of Chapter II of Title I of Book II of the Regulatory Party (Council of State Orders) of the Code of Posts and Electronic Communications entitled: Protection of the privacy of users of electronic communications networks and services " Includes R. 10-12, R. 10-13 and R. 10-14 thus written:
" Art. R. 10-12. -For the application of Article L. 34-1 of Article L. 34-1, traffic data shall be construed as information made available by electronic communication processes, which may be registered by the operator on the occasion of the Electronic communications, the transmission of which is relevant to the purposes of the law.
" Art. R. 10-13. -I.-Pursuant to Article L. 34-1 electronic communications operators retain for the purposes of research, recognition and prosecution of criminal offences:
" (a) Information to identify the user;
" (b) Data for the communication terminal equipment used;
" (c) The technical characteristics and the date, schedule and duration of each communication;
" (d) Data on additional services requested or used and their suppliers;
" (e) Data to identify the recipient (s) of the communication.
" II. -For telephony activities the operator shall keep the data referred to in the I and, in addition, those used to identify the origin and location of the communication.
" III. -The period of storage of the data referred to in this Article shall be one year from the date of
. IV. -The identifiable and specific additional costs incurred by the operators required by the judicial authorities for the supply of data falling within the categories referred to in this Article shall be compensated in accordance with the arrangements laid down in Article R. 213-1 of the Criminal Procedure Code.
" Art. R. 10-14. -I.-In application of Article L. 34-1 of Article L. 34-1 electronic communications operators shall be permitted to retain for the purposes of their invoicing and payment operations the technical data to identify The user as well as those mentioned in the b, c and d of the I of Article R. 10-13.
" II. -For telephony activities, operators may retain, in addition to the data referred to in the I, the technical data relating to the location of the communication, the identification of the recipient (s) of the communication, and Data to establish billing.
" III. -The data referred to in I and II of this Article may be retained only if they are necessary for the invoicing and payment of the services rendered. Their conservation shall be limited to the time strictly necessary for that purpose without exceeding one year.
" IV. -For the safety of networks and installations, operators may keep for a period not exceeding three months:
" (a) Data to identify the origin of the communication;
" (b) The technical characteristics and the date, schedule and duration of each communication;
" (c) Technical data to identify the recipient (s) of the communication;
" (d) Data on additional services requested or used and their suppliers. "
In Section 2 of Chapter II of Title I of Book II of the Regulatory Party (Council of State Orders) of the Code of Posts and Electronic Communications entitled " Directories and Information Services " Article R. 11 becomes Article R. 10-11.
The Code of Criminal Procedure (Part Two: Orders in Council of State) is thus amended:
1 ° After 22 ° of article R. 92, it is added a 23 ° so written:
" 23 ° Charges for the provision of data kept under Article L. 34-1 of the Postal Code and electronic communications. "
2 ° It is created in Chapter II of Title X of Book V a section 11 entitled" Fees of electronic communications operators " Including Article R. 213-1 worded as follows:
" Art. R. 213-1. -The rates for the costs referred to in Article R. 92 of Article R. 92 corresponding to the provision of data kept under Article L. 34-1 of the postal code and electronic communications shall be fixed by an order of the Minister of Economy, Finance and Industry and the Minister of Seals. This order distinguishes the applicable tariffs according to the categories of data and the benefits required, taking into account, where appropriate, identifiable and specific additional costs borne by the operators required by the judicial authorities for the Provision of these data. "
Irrespective of their full application in Mayotte, the provisions of this Decree shall apply in New Caledonia, French Polynesia and Wallis and Futuna Islands.
Minister of State, Minister of Interior and Regional Planning, Minister of Economy, Finance and Industry, Minister of Justice, Minister of Justice, Overseas Minister and Minister of Justice Minister delegated to industry, each as far as it is concerned, is responsible for the execution of this Decree, which will be published in the Official Journal of the French Republic.
Done at Paris, 24 March 2006.
Dominique de Villepin
By the Prime Minister:
Seals Guard, Minister of Justice,
The Minister of State,
Minister of the Interior
and Spatial Planning,
Minister of Economy,
Finance and Industry,
The Minister for Overseas,