By way of derogation, section III of article L.34-1 of the French post and electronic communications Code authorized electronic communications operators to process for one year, in particular for the purposes of investigating, finding and prosecuting criminal offences, some connection data enabling the identification of users of electronic communications services and their addressees, as well as the characteristics of such communications and the tracking of connection terminals. 

However, the French Conseil constitutionnel in a decision dated February 25, 2022 ruled that preventing disruptions of public order and prosecuting offenders is no justification for processing data that is so harmful to privacy rights, with no distinction between users and regardless of the nature and degree of gravity of the infringement. 

This provision is therefore condemned based on its disproportionate interference with privacy rights. 

#personaldata #privacyrights #conseilconstitutionnel