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III.
The conditions laid down in Article L. 871‑6 are applicable to the physical operations
performed by the operators and persons referred to in Article L. 851‑1 for the purpose of
implementing such processing.
IV.
Where the processing practices mentioned in point I of this article detect data likely to point
to the existence of a terrorist threat, the Prime Minister or one of the persons delegated by him or
her may – following consultation of the Commission for the Oversight of Intelligence Techniques
under the conditions laid down in Chapter I of Title II of this Book – authorise the identification of
the person or persons concerned and the collection of the related data. The data shall be used within
60 days of collection and shall be destroyed upon expiry of that period, unless there are substantial
grounds confirming the existence of a terrorist threat associated with one or more of the persons
concerned.
…’
44
Article L. 851‑4 of the CSI reads as follows:
‘Under the conditions laid down in Chapter I of Title II of this Book, technical data relating to the
location of the terminal equipment used, as mentioned in Article L. 851‑1, may be collected upon
request from the network and transmitted in real time by the operators to a department reporting to
the Prime Minister.’
45
Article R. 851‑5 of the CSI, which appears in the regulatory part of that code, provides:
‘I.
The information or documents referred to in Article L. 851‑1 are – excluding the content of
the correspondence or the information consulted – as follows:
1.
Those listed in Articles R. 10‑13 and R. 10‑14 of the [CPCE] and in Article 1 of Decree
[No 2011‑219];
2.
(a)
Technical data other than the data mentioned in point 1:
enabling terminal equipment to be located;
(b)
relating to access by terminal equipment to online public communication networks or
services;
(c)
relating to the conveyance of electronic communications by networks;
(d)
relating to the identification and authentication of a user, a connection, a network or an
online public communication service;
(e)
relating to the characteristics of terminal equipment and the configuration data of their
software.
II.
Only the information and documents referred to in point I(1) may be collected pursuant to
Article L. 851‑1. Such collection shall take place in non-real time.
The information listed in point I(2) may be collected only pursuant to Articles L. 851‑2 and
L. 851‑3 under the conditions and within the limits laid down in those articles and subject to the
application of Article R. 851‑9.’
The CPCE
46
Article L. 34‑1 of the CPCE states:
‘I.
This article shall apply to the processing of personal data in the course of the provision to the
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