cancellation of the recordings under judicial seal, independently of an appeal
directed against an order refusing further expert examination of the interception
CD-ROMs.
145
Recordings are destroyed when the matter becomes time-barred.
146 A report is
made out concerning the destruction,
147 except when the data is stored by the
PNIJ.
148
5 Data Protection and Electronic Surveillance for Security
and Defence Purposes
The Ordinance of 12 December 2018 insert a new Title IV in the LIL. The LIL
details the information the data subject should be made aware of by the controller or
its representative. The data subject shall therefore be informed of:
1. The identity of the controller and, as applicable, the identity of its representative;
2. The purpose of the processing for which the data are intended;
3. The mandatory or optional character of the responses;
4. Any consequences, for the data subject, of not responding;
5. The recipients or categories of recipients of the data;
6. The rights the data subject has under the provisions of section 2 of the present chapter
including the right to lay down instructions as to what will become of their personal data
after their death;
7. Where applicable, any transfer of personal data to a non-member state of the European
Community;
8. The time the categories of data processed are stored or, if impossible, the criteria used to
determine such a time limit.
149
The Act of 20 June 2018 specifies that “when such data are collected by means of
questionnaires, the questionnaires must indicate the requirements in numbers 1, 2,
3 and 6”.
“The controller is bound to take all proper precautions with respect to the
character of the data and the risks with processing, to ensure the security of the
data and especially to prevent them from being deformed, or damaged, or accessed
by unauthorised third parties.”
150
Although the Code of Criminal Procedure contained provisions for electronic
surveillance,
151 these have been broadened under the state of emergency and
incorporated into the Code of Internal Security and Defence.
145 Crim. 8 November 2011, Bull. crim. No 228.
146 CPP, Article 100-6, §1.
147 CPP, Article 100-6, §2.
148 CPP, Article 230-45, §3.
149 LIL, Article 116.
150 LIL, Article 121.
151 Enderlin (2015).
176
L. Nicolas-Vullierme
directed against an order refusing further expert examination of the interception
CD-ROMs.
145
Recordings are destroyed when the matter becomes time-barred.
146 A report is
made out concerning the destruction,
147 except when the data is stored by the
PNIJ.
148
5 Data Protection and Electronic Surveillance for Security
and Defence Purposes
The Ordinance of 12 December 2018 insert a new Title IV in the LIL. The LIL
details the information the data subject should be made aware of by the controller or
its representative. The data subject shall therefore be informed of:
1. The identity of the controller and, as applicable, the identity of its representative;
2. The purpose of the processing for which the data are intended;
3. The mandatory or optional character of the responses;
4. Any consequences, for the data subject, of not responding;
5. The recipients or categories of recipients of the data;
6. The rights the data subject has under the provisions of section 2 of the present chapter
including the right to lay down instructions as to what will become of their personal data
after their death;
7. Where applicable, any transfer of personal data to a non-member state of the European
Community;
8. The time the categories of data processed are stored or, if impossible, the criteria used to
determine such a time limit.
149
The Act of 20 June 2018 specifies that “when such data are collected by means of
questionnaires, the questionnaires must indicate the requirements in numbers 1, 2,
3 and 6”.
“The controller is bound to take all proper precautions with respect to the
character of the data and the risks with processing, to ensure the security of the
data and especially to prevent them from being deformed, or damaged, or accessed
by unauthorised third parties.”
150
Although the Code of Criminal Procedure contained provisions for electronic
surveillance,
151 these have been broadened under the state of emergency and
incorporated into the Code of Internal Security and Defence.
145 Crim. 8 November 2011, Bull. crim. No 228.
146 CPP, Article 100-6, §1.
147 CPP, Article 100-6, §2.
148 CPP, Article 230-45, §3.
149 LIL, Article 116.
150 LIL, Article 121.
151 Enderlin (2015).
176
L. Nicolas-Vullierme