Decree No 2006-358 Of 24 March 2006 On The Retention Of Electronic Communications Data

Original Language Title: Décret n° 2006-358 du 24 mars 2006 relatif à la conservation des données des communications électroniques

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Learn more about this text ...

Text Information

Transposed Texts

Directive 2006 /24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in The framework for the provision of publicly available electronic communications services or public communications networks, and amending Directive 2002 /58/EC

Application Texts

Summary

Change in the postal code and electronic communications: modification of Section 3 of Chapter II of Title I of Book II " Protection of the privacy of users of electronic communications networks and services " Comprising Articles R. 10-12 to R. 10-14, Section 2 of Chapter II of Title I of Book II " Directories and Information Services " Or Article R. 11 becomes Article R. 10-11.Modification of the Code of Criminal Procedure: amendment of Article R. 92, creation in Chapter II of Title X of Book V of Section 11 entitled " Fees of electronic communications operators " Including Article R. 213-1. Full transposition of Directive 2006 /24/EC of the European Parliament and of the Council on the retention of data generated or processed in the context of the provision of publicly available electronic communications services or networks Amending Directive 2002 /58/EC.

Keywords

JUSTICE, POSTS AND ELECTRONIC COMMUNICATIONS CODE, CODE OF CRIMINAL PROCEDURE , CONSERVATION, DATA, ELECTRONIC COMMUNICATION, PROTECTION, PRIVACY , USER, RESEAU, SERVICE, DIRECTORY, INFORMATION SERVICE, FRESH , OPERATOR, TARIFF, EXTENSION, MAYOTTE, NEW-CALEDONIA, POLYNESIA FRANCAISE, LES LES WALLIS ET FUTUNA, DIRECTIVE EUROPEENNE, TRANSPOSITION COMPLETE

Later Links





JORF No. 73 of March 26, 2006 page 4609
Text No. 9



Decree No. 2006-358 of 24 March 2006 on the preservation of electronic communications data

NOR: JUSD0630025D ELI: Https://www.legifrance.gouv.fr/eli/decret/2006/3/24/JUSD0630025D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2006/3/24/2006-358/jo/texte


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,
Describes:

Article 1 Read more about this article ...


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. "

Item 2 Read more about this Article ...


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.

Article 3 Learn more about this Article ...


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. "

Item 4 Learn more about this Article ...


Irrespective of their full application in Mayotte, the provisions of this Decree shall apply in New Caledonia, French Polynesia and Wallis and Futuna Islands.

Item 5 Learn more about this Article ...


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,

Pascal Clément

The Minister of State,

Minister of the Interior

and Spatial Planning,

Nicolas Sarkozy

Minister of Economy,

Finance and Industry,

Thierry Breton

The Minister for Overseas,

François Baroin

Industry Minister,

François Loos


Download the document in RTF (weight < 1MB) Excerpt from the authenticated Official Journal (format: pdf, weight: 0.29 MB) Download document to RDF (format: rdf, weight < 1MB)