Wiretapping

Verified 13 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

In what situations can telephone conversations be listened to? Wiretaps are often set up in the context of legal proceedings, but they can also be decided by the administration. These listeners make it possible to capture and record exchanges remotely. If they are decided illegally, the person being listened to can appeal. We present you the information to know.

Court wiretaps

Forensic wiretapping can be implemented during an investigation of a infringement of terrorism, crime or organized crime, a search for a person at large or during a judicial information.

The conditions for implementing these wiretaps and their duration differ depending on the context in which they take place:

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Investigation of an offense relating to terrorism, crime or organized crime

In the context of an investigation (preliminary or flagrance) on an offense relating to terrorism, crime or organized crime, judge of liberty and detention (JLD) may, on request of public prosecutor, allow wiretapping.

FYI  

When the person is tapped, they are not informed.

In its decision, the JLD shall include the following information:

  • The reasons why he believes that the wiretaps are necessary
  • The offense for which eavesdropping is permitted
  • The telephone line(s) to be intercepted (line of the accused person, line of a relative of the suspect, etc.)
  • The duration of phone tapping.

The JLD authorization is valid for 1 month, renewable 1 time for the same duration.

Please note

There are special rules for the interception of correspondence by lawyers.

The line depending on a lawyer's firm or domicile may be tapped if there are genuine grounds for suspecting that he has committed or attempted to commit (as an author or accomplice) the offense for which an investigation has been initiated.

In addition, the president of the bar must be informed of this.

If wiretapping is permitted, correspondence between the lawyer and his clients cannot be used if it concerns the exercise of the rights of the defense (e.g. exchange between the lawyer and his client to prepare for an upcoming trial).

Judicial Information

On the occasion of a judicial inquiry concerning a crime or a offense punished with a penalty not less than 3 years' imprisonment, on investigating judge may authorize wiretaps.

This decision shall be valid for a period of 4 months, renewable up to a maximum of 1 year.

FYI  

If the judicial information door on a terrorist offense, the crime or organized crime, the decision shall be valid for a period of four months, renewable up to a maximum of 2 years.

The investigating judge may also order a wiretap in the context of an open judicial inquiry to investigate the causes of the death or disappearance of a person. The decision shall be taken for a period of 2 months renewable.

In his decision, the investigating judge must indicate the following information:

  • The reasons why he believes that the wiretaps are necessary
  • The offense for which eavesdropping is permitted
  • The telephone line(s) to be intercepted (line of the accused person, line of a relative of the suspect, etc.)
  • The duration of phone tapping.

In principle, the person being tapped is not kept informed.

FYI  

There are special rules for lawyers, judges, MPs and senators.

A hotline depending on a lawyer's office or domicile may be tapped if there are reasonable grounds to suspect that the lawyer has committed or attempted to commit (as an offender or accomplice) the offense for which proceedings have been initiated. In addition, the president of the bar must be informed of this.

If the wiretapping of a magistrate is envisaged, the investigating judge must notify the first president or the attorney general the place where he lives. If the eavesdropping concerns a member of Parliament or a senator, the judge shall notify the president of the assembly to which the eavesdropper belongs.

Search for a fugitive

When a person is on the run, the judge of liberty and detention, upon request of public prosecutor, may authorize wiretapping.

Each authorized wiretap must concern persons who may be in contact with the requested person.

The wiretapping authorization is valid for a period of 2 months, renewable.

Please note

If the fugitive is suspected of having committed a crime offense, the authorization may be renewed only twice for the same period (i.e. 6 months in total).

The competent judge (or judicial police officer) uses the agents that manage the national platform for judicial interceptions (PNIJ). These agents are in direct contact with the electronic operators who settle the interception devices.

Communications are captured in real time and recorded. For infringements falling within the crime or organized crime, the recordings may also relate to the voicemail of the person being tapped.

For each registration, the competent authority (magistrate, OPJ: titleContentor APJ: titleContent) writes a minutes which indicates the date, start and end times of the listening.

The judge, the OPJ or the APJ transcribe The recordings needed to know the truth and add them to the folder.

Please note

If the conversations take place in a foreign language, an interpreter transcribes the recordings in French.

Records are destroyed at the end of the period during which the infringement may be prosecuted. In principle, this period is:

In principle, the judge's decision to conduct wiretaps cannot be challenged.

However, if the person concerned considers that his wiretapping has been decided improperly, it may challenge the validity of that decision before the investigation chamber or before the court seised.

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Administrative wiretaps

The administration may bug a person (and possibly his entourage) in particular in the following cases:

  • Defense from national independence, integrity of territory and national defense
  • Preservation of economic interests, industrial and scientists major of the France
  • Prevention of terrorism
  • Prevention of breaches to the republican form of institutions
  • Prevention of mob violence severely reach to the public peace
  • Prevention of the crime and the organized crime
  • Prevention of the proliferation of weapons from mass destruction.

FYI  

The prison administration may be allowed to listen to telephone conversations of an inmate to prevent escape and/or to ensure security in prison.

In order for a wiretap to be authorized, the Minister of Defense, the Interior, Justice, the Economy, the Budget or Customs must submit a proposal for wiretapping to the Prime Minister.

This proposal must be written and justified.

The Prime Minister authorizes the wiretapping after consulting the National Commission for the Control of Intelligence Techniques (CNCTR).

Once the authorization has been granted, the authorized services communicate to the telephone operators the contact details of the person to be tapped and the decision of the Prime Minister. Then, these operators set up a device for intercepting telephone communications.

The authorization is valid at maximum 4 months, renewable for the same period and according to the same procedure.

Recording a telephone conversation is destroyed no later than 30 days from collection of information, with some exceptions.

Only the information in connection with the reason for listening are transcripts.

The transcript must be destroyed as soon as its conservation is no longer essential.

A person who believes that he or she has been unlawfully wiretapped may make a claim to the NCTR: titleContent.

The claim is made in writing. It must be accompanied by a copy of an identity document and proof of the contact details of the so-called listened-to line (example: a telephone bill).

It must be sent to the CNCTR by registered letter with acknowledgement of receipt.

Warning  

The claim is only valid for the person who forwards it to the CNCTR. If their relatives also want to know if they were listened to irregularly, they too must refer the matter to the NCTRC.

Once the application has been received, the CNCTR verifies that no administrative eavesdropping has been set up illegally.

It also informs the person who made the request that all verifications have been requested. However, she does not tell him whether she was tapped or not.

If it finds an irregularity, it orders the interruption of the tapping and the destruction of the recordings. If the authorized service refuses, it shall refer the matter to the Prime Minister and, if necessary, appeal to the Council of State.

FYI  

After consulting the CNCTR, the person who thinks he or she is being wiretapped can also refer the matter to the Conseil d'État. It has a period of 2 months from the response of the CNCTR.

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