Press review – Week of 21 November 2022

In this press review, you will discover the opening of a preliminary investigation by the French National Financial Prosecutor’s Office for misappropriation of public funds. In addition, you will find a decision of the French Supreme Court (Cour de cassation) examining the conditions for anticipated authorization by the investigating judges in case of night searches. Finally, with regard to standards and regulations, two important resolutions for the protection of personal data were adopted by the Global Privacy Assembly and, in France, the recent reform regarding the protection of national defense secrets still remains a challenge for companies.

Judicial Agreement of Public Interest for aggravated tax fraud laundering and illegal canvassing

Credit Suisse escapes prosecution and agrees to pay a public interest fine of 123,000,000 euros under the 13th deferred prosecution agreement concluded by the National and Financial Prosecutor’s Office. > Read analysis

The CJEU limits generalized data retention in surveillance

On 20 September 2022, the Court of Justice of the European Union issued two rulings concerning the conditions under which member states are allowed to retain traffic data for surveillance purposes. These rulings challenge the national systems of France and Germany in this area. > Read analysis

#White collar crime: Caroline Magne, Eric Ciotti’s ex-wife is targeted by a PNF investigation due to her multiple jobs

On 22 November 2022, the National Financial Prosecutor’s Office (PNF) opened a preliminary investigation against Caroline Magne, ex-wife of Eric Ciotti (Les Républicains, LR), for misuse of public funds. The opening of this investigation comes after revelations made by the “Canard enchaîné” regarding the numerous positions held by Caroline Magne between the National Assembly and local authorities in Nice. > Read article

The reform of the protection of national security secrets: a real challenge for the companies involved.

Following a recent reorganization of the rules for handling classified information and materials by individuals and companies, challenges and issues remain. Companies that need to comply must follow strict guidelines and may incur heavy penalties for violations. > Read article

Night search: specificity of an authorization issued in advance

On 15 November 2022, the Court of Cassation ruled that an investigating judge could authorize in advance, a night search in a living space. This authorization must, however, be justified by a foreseeable risk of loss of evidence. Moreover, on the day of the operation, the investigators must obtain the prior approval of the judge, in order to ensure that the elements justifying the authorization previously issued still exist. > Read article

Global Privacy Assembly: two important resolutions for global data protection.

The Global Privacy Assembly, which brings together all data protection authorities, adopted two resolutions at its annual meeting of October 2022. The resolutions concern the strengthening of international cooperation capabilities in cybersecurity and the principles and expectations of facial recognition. > Read article