In 2015, the existing oversight commission, the CNCIS, was replaced by a new Commission called the “National Oversight Commission for Intelligence-Gathering Techniques” (Commission nationale de contrôle des techniques de renseignement, or CNCTR).

According to the 2015 Intelligence Act –and much like the CNCIS–, the CNCTR is comprised of nine members: it is comprised of nine members:

• four MPs designated by the Presidents of the Presidents of both chambers of Parliament;
• two administrative judges and two judicial judges designated respectively by the Council of State and the Cour de Cassation;
• one technical expert designated by the telecom National Regulatory Authority (the addition of a commissioner with technical expertise was the main innovation).

The nine commissioners as well as their staff (17 people in 2018) enjoy the highest security clearances when performing their duties. The role of the CNCTR is restricted to the oversight of surveillance measures from a legal and, to some extent, technical perspective.

In most cases, the Commission has 24 hours to issue its ex ante non-binding opinion regarding the surveillance authorizations delivered by the Prime Minister before surveillance measures can begin, except in cases of “absolute emergency” where it is simply notified of the surveillance measure within 24 hours upon deliverance (article L. 821-3). In 2018, the CNCTR delivered 569 negative opinions, amounting to 2,9% of the total number of opinions issues bu the Commission.

As for ex post oversight, the CNCTR is supposed to have “permanent, comprehensive and direct access to records, logs, collected intelligence, transcripts and extractions” of collected data. It is able to conduct both planned and in the premises where these documents are centralized (article L. 833-2-2). If a irregularity is found, it can send to the Prime Minister a “recommendation” so that she can put an end to it, and take its objections to the Council of Sate if it is not satisfied with how irregularities are dealt with by intelligence agencies and their internal and political overseers.

One hugely significant exception to the CNCTR’s oversight powers are the bulk of data obtained through data-sharing with foreign intelligence agencies (article L. 833-2-3). It has also no power on hacking activities conducted beyond France's borders.