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down in Article L. 821‑3.
A department reporting to the Prime Minister shall be responsible for gathering information or
documents from the operators and persons referred to in the first paragraph of this article. The
Commission for the Oversight of Intelligence Techniques shall have permanent, complete, direct
and immediate access to the information or documents collected.
The detailed rules for the application of this article shall be laid down by decree adopted in the
Conseil d’État (Council of State, France) following consultation of the Commission nationale de
l’informatique et des libertés (Data Protection Authority, France) and the Commission for the
Oversight of Intelligence Techniques.’
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Article L. 851‑2 of the CSI provides:
‘I.
Under the conditions laid down in Chapter I of Title II of this Book, and for the sole purpose
of preventing terrorism, the collection in real time, on the networks of the operators and persons
referred to in Article L. 851‑1, of the information or documents referred to in that article relating to
a person previously identified as potentially having links to a threat, may be individually authorised.
Where there are substantial grounds for believing that one or more persons belonging to the circle
of the person to whom the authorisation relates are capable of providing information in respect of
the purpose for which the authorisation was granted, authorisation may also be granted individually
for each of those persons.
I bis.
The maximum number of authorisations issued under this article in force at the same time
shall be determined by the Prime Minister following consultation of the Commission for the
Oversight of Intelligence Techniques. The decision establishing that quota and how it is to be
allocated between the ministers referred to in the first paragraph of Article L. 821‑2, together with
the number of interception authorisations issued, shall be forwarded to the Commission.
…’
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Article L. 851‑3 of the CSI provides:
‘I.
Under the conditions laid down in Chapter I of Title II of this Book, and for the sole purpose
of preventing terrorism, the operators and persons referred to in Article L. 851‑1 may be required to
implement on their networks automated data processing practices designed, within the parameters
laid down in the authorisation, to detect links that might constitute a terrorist threat.
Such automated processing shall exclusively use the information or documents referred to in
Article L. 851‑1 and shall not collect any data other than data meeting the design parameters or
allow the identification of the persons to whom the information or documents relate.
In accordance with the principle of proportionality, the authorisation of the Prime Minister shall
specify the technical scope of the implementation of those processing practices.
II.
The Commission for the Oversight of Intelligence Techniques shall issue an opinion on the
application for authorisation for automated processing and the chosen detection parameters. It shall
have permanent, complete and direct access to those processing practices and to the information and
data collected. It shall be informed of any changes to the processing practices and parameters and
may issue recommendations.
The first authorisation for the implementation of automated processing practices provided for in
point I of this article shall be issued for a period of two months. The authorisation shall be
renewable under the conditions on duration laid down in Chapter I of Title II of this Book. The
application for renewal shall include a record of the number of identifiers flagged by the automated
processing and an analysis of the relevance of that flagging.
2/15/2021, 4:58 PM