New French law authorises real-time phone, web monitoring

The French Senate has passed into law the 2014-2019 Military Programme, despite opposition from internet companies and civil society. The law includes language that allows the government to obtain data and to monitor phone and internet communications in real time. French internet association ASIC said the government had weakened people's confidence in internet companies and called on deputies and senators to refer the matter to the Constitutional Court. 

Article 20 of the new law, formerly Article 13, "deeply changes the rules on access to data held by internet intermediaries", the association wrote, adding that CNIL, France's data protection commission, regretted that it was not consulted on the text. ASIC said that by focusing on the question of itemised bills and location data, senators forgot that the text did not apply only to telecom operators but to all internet intermediaries. 

The law will weaken France's position in the European and international debate about personal data protection, according to the association, which reiterated its request for increased transparency from the authorities about current monitoring processes. ASIC is calling on the relevant authorities to provide statistics on personal data monitoring and for CNIL to be involved.

Separately, Reporters Without Borders (RSF) also expressed concern about the amendment. The international NGO sees three causes for concern in the military programme law, all in Article 20. First, there is no judicial control at any time during the surveillance; Second, the criteria for monitoring people are too vague; and Third, the range of information being collected is too broad.