Decision n° 2018-696, March 2018 (Mr. XX)
- 2018
- France
Topics
Terrorism propaganda Terrorism financing Public securityLegal bases
France: Penal Code (Code pénal) of 1994Courts
Constitutional Council (Conseil constitutionnel), FranceLaws
Right to a fair trial Proportionality Right to respect for private and family lifeFacts
A legal advisor, acting on behalf of an individual, refers the matter to the Constitutional Court concerning the constitutionality of the prohibition – for anyone who has knowledge of the algorithmic key to decrypt a means of cryptology that may have been used to prepare, facilitate or commit a crime or offence – to refuse to hand it over to the judicial authorities or to implement it, upon the request of those authorities.
Legal grounds
Compliance of Article 434-15-2 of the Penal Code, as amended by Act No. 2016-731 of 3 June 2016, with the rights and freedoms guaranteed by the Constitution, strengthening the fight against organized crime, terrorism, their financing, and improving the efficiency and guarantees of criminal procedure.
Findings
By requiring an individual with knowledge of an encryption code to hand it over to the judicial authorities, the legislator has pursued the constitutional aims of preventing offences and investigating offenders, both necessary to safeguard rights and principles of constitutional value. The Court finds the contested provisions do not affect the right not to be accused or the right to privacy and confidentiality of correspondence. The Court decides the first paragraph of Article 434-15-2 of the Penal Code, which also does not infringe the rights of the defence, the principle of proportionality of sentences and freedom of expression, or any other right or freedom guaranteed by the Constitution, must be declared in conformity with the Constitution.