Decision n° 2015-722 DC of 26 November 2015 - Bill on international digital communications surveillance

• 2015
• France

Topics

Public security

Legal bases

France: Interior Security Code (Code de la sécurité intérieure) of 2012

Courts

Constitutional Council (Conseil constitutionnel), France

Laws

Right to a fair trial Right to an effective remedy Right to respect for private and family life

Relevant links

• https://www.conseil-constitutionnel.fr/decision/2015/2015722DC.htm

Facts

The Constitutional Council has been asked by 60 MPs to rule on the conformity with civil rights of a bill.

Legal grounds

Articles L. 854-1, L. 854-2, L. 854-5 and L. 854-9 of the Interior Security Code.

Findings

These Articles do not manifestly and disproportionately infringe the right to privacy and secrecy of correspondence. The legislator has precisely defined the conditions for implementing measures for international electronic communications surveillance, for the exploitation, storage and destruction of the information collected and for the administrative control exercised by the ad hoc commission. These provisions must be declared in conformity with the Constitution.