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France: New laws on intelligence (1)

01 January 1991

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France: New laws on intelligence
artdoc June=1994

The new French criminal code which came into effect on 1 March
includes several new provisions on security and intelligence.
Espionage is no longer limited to military and political matters
but now officially confirms the existing practice which extends
its definition to industrial, commercial, and technological
matters. The concept of threats to the `national defence
interests' has been replaced by threats to the `fundamental
interest of the nation' which extends to cover environmental and
economic interests. The new law sanction not just the gathering
of covert intelligence but also of `open' intelligence, that is
information that might present a risk to the fundamental
interests of the nation (even if each piece of information by
itself is not secret). A totally new crime of `disinformation'
is introduced which is one carried out in the interests of a
foreign power with the intention of misleading civil or military
authorities.
The new Article 413-9 protects information classified as `Très
Secret Défense', `Secret Défense' and `Confidentiel Défense'.
Crimes related to national security risks have been downgraded
into misdemeanours to enable easier prosecutions.
Intelligence Newsletter, 24.3.94.

Statewatch Vol 4 no 2, March-April 1994

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