e24702_SN008
Translated from French
17
systems or of data stored, processed or transmitted through such systems, the
investigating judge shall order the necessary precautionary measures, in particular by
appointing any qualified person to use all appropriate technical means to render the data
inaccessible.
Where it is not possible, for technical reasons or because of the volume of data, to take
the measure provided for in the second paragraph of Article 677-37 of the present Law,
the investigating judge shall use appropriate technical means in order to prevent access to
the data in the computer system and to copies of the data that are available to persons
authorized to use the computer system, and also in order to ensure their integrity.
The investigating judge shall inform the person responsible for the computer system that
a search of the system has been carried out and shall send him a copy of the data that
have been copied, rendered inaccessible or withdrawn.
CHAPTER IV: INTERCEPTION OF COMPUTERIZED DATA
Article 677-38
Where necessary for information purposes, the investigating judge may use appropriate
technical means to collect or record content data, in real time, of specified
communications transmitted by means of a computer system, or may compel a service
provider, within its existing technical capability, to collect or record said computerized
data through the application of existing technical means or to cooperate and assist the
competent authorities in the collection or recording thereof.
The access provider shall maintain confidentiality.
Any breach of confidentiality shall be punishable by the penalties applicable to the
offense of breach of professional secrecy.
Article 677-39
A criminal investigation officer may, for the purposes of an investigation or in execution
of powers delegated to him by a court, carry out the operations provided for in Articles
667-35 to 677-38 of the present Law.
CHAPTER V: ELECTRONIC EVIDENCE IN CRIMINAL CASES
Article 677-40
Writings in electronic form shall be admissible as evidence in criminal cases on the same
basis as writings in hard copy, in accordance with the provisions of Article 40 of the Law
on Electronic Transactions.
Article 677-41
In the cases provided for in Articles 431-17 to 431-30 of the present Law, the deletion of
all or part of the personal data that were the object of the processing that constituted the