II. Criminal offences relating to violations of privacy.
The offences which relate to violations of privacy derive from the Act of Parliament of 17 July 1970; as amended in 1994, they now constitute articles 226-1 to 226-9 of the new Penal Code. Under article 226-1 of the Penal Code it is an offence, intentionally and by means of any process whatsoever, to infringe another’s privacy:
1. By receiving, recording or transmitting, without the consent of their author, words uttered in private or confidentially;
2. By taking, recording or transmitting, without his or her consent, the picture of a person who is in a private place.
In both cases, therefore, the offence requires the absence of the person’s consent, and such consent is presumed where the recording or the taking of the picture takes place in a meeting and openly and publicly. The purpose of article 226-1 is to curb the behavior of the paparazzi.
By virtue of article 226-1.2, privacy is not protected where the violation is committed in a public place