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requested and the request must be made no later than 24 hours after the call;
(5)
any judicial police officer attached to the Missing Persons Unit of the Federal Police, in the
course of his or her task of providing assistance to persons in danger, searching for persons whose
disappearance is a cause for concern and in cases where there are serious presumptions or
indications that the physical well-being of the missing person is in imminent danger. Only the data
referred to in the first and second subparagraphs of paragraph 3, relating to the missing person, and
retained during the 48 hours prior to the data request, may be requested from the operator or
provider concerned via a police service designated by the King;
(6)
the Telecommunications Ombudsman, with a view to identifying a person who has misused
an electronic communications network or service, in accordance with the conditions laid down in
Article 43bis(3)(7) of the loi du 21 mars 1991 portant réforme de certaines entreprises publiques
économiques (Law of 21 March 1991 on the reform of certain public commercial undertakings).
Only the identification data may be requested.
The providers and operators referred to in the first subparagraph of paragraph 1 shall ensure that the
data referred to in paragraph 3 are accessible without restriction from Belgium and that that data
and any other necessary information concerning that data may be transmitted without delay and
only to the authorities referred to in this paragraph.
Without prejudice to other legal provisions, the providers and operators referred to in the first
subparagraph of paragraph 1 may not use the data retained under paragraph 3 for any other
purposes.
3.
Data that can be used to identify the user or subscriber and the means of communication, other
than the data specifically provided for in the second and third subparagraphs, shall be retained for
12 months as from the date on which communication was last able to be made using the service
employed.
Data relating to the terminal devices’ access and connection to the network and the service, and to
the location of those devices, including the network termination point, shall be retained for 12
months as from the date of the communication.
Communication data other than content, including the origin and destination thereof, shall be
retained for 12 months as from the date of the communication.
The King shall, by decree deliberated in the Council of Ministers and on a proposal from the
Minister for Justice and the Minister [with responsibility for matters relating to electronic
communications], and after obtaining the opinion of the Committee for the Protection of Privacy
and the Institute, determine the data to be retained by category type as referred to in the first to third
subparagraphs and the requirements which that data must satisfy.
…’
The disputes in the main proceedings and the questions referred for a preliminary ruling
Case C‑511/18
56
By applications lodged on 30 November 2015 and 16 March 2016, joined in the main proceedings,
La Quadrature du Net, French Data Network, the Fédération des fournisseurs d’accès à Internet
associatifs and Igwan.net brought actions before the Conseil d’État (Council of State, France) for
the annulment of Decrees No 2015‑1185, No 2015‑1211, No 2015‑1639 and No 2016‑67, on the
ground, inter alia, that they infringe the French Constitution, the European Convention for the
Protection of Human Rights and Fundamental Freedoms (‘the ECHR’) and Directives 2000/31 and
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