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public of electronic communications services; it shall apply in particular to networks that support
data collection and identification devices.
II.
Electronic communications operators, in particular persons whose business is to provide
access to online public communication services, shall erase or render anonymous any data relating
to traffic, subject to the provisions contained in points III, IV, V and VI.
Persons who provide electronic communications services to the public shall, with due regard for the
provisions contained in the preceding paragraph, establish internal procedures for responding to
requests from the competent authorities.
Persons who, as a principal or ancillary business activity, provide to the public a connection
allowing online communication via access to the network shall, including where this is offered free
of charge, be subject to compliance with the provisions applicable to electronic communications
operators under this article.
III.
For the purposes of investigating, detecting and prosecuting criminal offences or a failure to
fulfil an obligation laid down in Article L. 336‑3 of the code de la propriété intellectuelle
(Intellectual Property Code) or for the purposes of preventing breaches of automated data
processing systems as provided for and punishable under Articles 323‑1 to 323‑3‑1 of the Code
pénal (Criminal Code), and for the sole purpose of making information available, as necessary, to
the judicial authority or high authority mentioned in Article L. 331‑12 of the Intellectual Property
Code or to the national authority for the security of information systems mentioned in
Article L. 2321‑1 of the code de la défense (Defence Code), operations designed to erase or render
anonymous certain categories of technical data may be deferred for a maximum period of one year.
A decree adopted in the Conseil d’État (Council of State, France) following consultation of the Data
Protection Authority shall, within the limits laid down in point VI, determine the categories of data
involved and the period for which they are to be retained, depending on the business of the
operators, the nature of the communications and the methods of offsetting any identifiable and
specific additional costs associated with the services provided for these purposes by operators at the
request of the State.
…
VI.
Data retained and processed under the conditions set out in points III, IV and V shall relate
exclusively to the identification of persons using the services provided by operators, the technical
characteristics of the communications provided by the latter and the location of terminal equipment.
Under no circumstance may such data relate to the content of the correspondence or the information
consulted, in any form whatsoever, as part of those communications.
The retention and processing of such data shall be effected with due regard for the provisions of loi
n° 78‑17 du 6 janvier 1978 relative à l’informatique, aux fichiers et aux libertés (Law No 78‑17 of
6 January 1978 on information technology, files and freedoms).
Operators shall take any measures necessary to prevent such data from being used for purposes
other than those provided for in this article.’
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Article R. 10‑13 of the CPCE reads as follows:
‘I.
Pursuant to point III of Article L. 34‑1, electronic communications operators shall retain the
following data for the purposes of investigating, detecting and prosecuting criminal offences:
(a)
Information identifying the user;
(b)
Data relating to the communications terminal equipment used;
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