On August 7, 2007, France’s Council of State (Conseil d’Etat) upheld rules that require Internet service providers, cybercafé operators and telecommunications companies to retain user connection data and make them available upon request to law enforcement authorities for up to one year (see French Decree for telecommunication data retention of March 24, 2006). The Council of State also upheld a ministerial order establishing the terms under which Internet service providers and telecommunications companies may claim reimbursement for the costs incurred by providing client activity data to law enforcement agencies or judicial officials (Ministerial order of August 22, 2006). The French private sector association representing Internet access providers and Internet services providers (Association des Fournisseurs d’Accès et de Services Internet — AFA), had opposed the one year data retention rule and claimed that the rules were not clear about the type of data to be stored. The Council of State rejected all of AFA’s arguments.

The unofficial versions of the Council of State decisions are available (in French) at:  http://www.legalis.net/jurisprudenceimprimerphp3?id_article=2000