The bill sets out that intelligence services may intercept private communications and bug rooms ‘in order to defend and promote the fundamental interests of the nation’. Concerns have been expressed as regards the broad formulation of the various public interest reasons that could justify this approach, and the absence of any independent judicial control mechanism. It was referred to the French Consitutional Council by the President of France, the President of the Senate and more than sixty members of the National Assembly to be reviewed.

Core values of the legal profession

The CCBE, which represents the bar associations in Europe, intervened as a third party on request of the French National Council of Bars, since the case affected the core values of the legal profession and the safeguard of fundamental freedoms. The use of intelligence-gathering methods can be ordered only by the Prime Minister, after a body called the National Commission of Intelligence Techniques Control (CNCTR) provides its opinion. However, in case of emergency, there will be no need to consult the CNCTR in advance, even regarding members of protected professions such as journalists, judges and lawyers.

Potential threat

Regarding the mass electronic surveillance provided by the bill, the CCBE requested that it be limited to storing only data which may reveal a potential threat, without indiscriminately storing citizens’ connection data. While the bill puts the Council of State (Conseil d’État) in charge of judicial review, for it to be effective it is imperative that a lawyer appointed by the plaintiff be allowed to discuss evidence, even classified evidence. The French Constitutional Council should deliver its decision by 25 July.