Electronic Transactions and protection of personal data law

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Censorship by the Public Prosecution on websites and electronic accounts

Article 126 - The Public Prosecution may decide to stop electronic services, block websites, or freeze accounts on them temporarily for a maximum period of thirty days, renewable once by a reasoned decision, provided that the effect of this procedure expires by virtue of the expiry of the specified period.

Free Flow of Information Law No. 81 - Issued on 10/10/2018

Not Compliant with Standards

Analysis

Article 126 blatantly contradicts Article 125 of the same law, which authorizes the court looking into specific cases that are limited to the text of the law and by a final ruling only to stop electronic services, block websites, or cancel accounts on them. And limiting the right to take this measure concerning crimes related to terrorism, pornography to minors, prohibited gambling games, organized electronic fraud, money laundering, and others. French law does not allow the Public Prosecution to request the blocking of any electronic service directly from service providers, but rather the Public Prosecution may resort to the judiciary to take any urgent or final measure regarding a service or website that is complained of.

Recommend­ations

Amendment of the Article so that the Public Prosecution has to review the competent judiciary to freeze or block any website.

Related Themes

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