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lodge a complaint with a supervisory authority pursuant to Article 77, each data subject shall have
the right to an effective judicial remedy where he or she considers that his or her rights under this
Regulation have been infringed as a result of the processing of his or her personal data in noncompliance with this Regulation.’
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Article 94 of Regulation 2016/679 provides:
‘1.
Directive [95/46] is repealed with effect from 25 May 2018.
2.
References to the repealed Directive shall be construed as references to this Regulation.
References to the Working Party on the Protection of Individuals with regard to the Processing of
Personal Data established by Article 29 of Directive [95/46] shall be construed as references to the
European Data Protection Board established by this Regulation.’
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Article 95 of that regulation provides:
‘This Regulation shall not impose additional obligations on natural or legal persons in relation to
processing in connection with the provision of publicly available electronic communications
services in public communication networks in the Union in relation to matters for which they are
subject to specific obligations with the same objective set out in Directive [2002/58].’
French law
Code de la sécurité intérieure (Internal Security Code)
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Book VIII of the legislative part of the code de la sécurité intérieure (Internal Security Code; ‘the
CSI’) lays down rules relating to intelligence in Articles L. 801‑1 to L. 898‑1.
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Article L. 811‑3 of the CSI states:
‘For the sole performance of their respective tasks, the specialised intelligence services may use the
techniques referred to in Title V of this Book in order to gather intelligence relating to the
protection and promotion of the following fundamental State interests:
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1.
National independence, territorial integrity and national defence;
2.
Major foreign policy interests, the implementation of France’s European and international
commitments and the prevention of all forms of foreign interference;
3.
France’s major economic, industrial and scientific interests;
4.
The prevention of terrorism;
5.
The prevention of:
(a)
attacks against the republican nature of the institutions;
(b)
actions designed to maintain or rebuild groups that have been disbanded under
Article L. 212‑1;
(c)
collective violence liable to cause serious disruption to the maintenance of law and order;
6.
The prevention of organised crime;
7.
The prevention of the proliferation of weapons of mass destruction.’
Article L. 811‑4 of the CSI provides:
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