The Constitutional Council censored one of the most sensitive measures of the justice bill: the remote activation of mobile phones and electronic devices to listen to and film people targeted in certain investigations without their knowledge.
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“The legal framework, the law, must not allow everything”, reacted Thursday, November 16 on franceinfo Sarah Pibarot, national secretary of the Magistrates’ Union. She said to herself “extremely relieved” after the partial censorship by the Constitutional Council of the justice bill.
The deputies of La France insoumise (LFI) filed an appeal after the adoption of this law on October 11. The Sages notably censor the remote activation of mobile phones in certain surveys. The measurement carries “infringement” At “right to respect for private life” Who “cannot be considered proportionate to the aim pursued”decided the Council.
“The code of criminal procedure already allows a lot of things to find the perpetrators of offenses and we must not go further and further in violating privacy”, estimates Sarah Pibarot. The measure would have made it possible to remotely activate any connected device (telephone, computer, GPS, etc.), without the knowledge of their owner. “All the people around” could have been listened to, recorded “or even filmed with the computer camera for example” continues the national secretary, “It harms the person concerned and also those around them.”
Sarah Pibarot adds the fact that this measure would have applied to “all organized crime offenses”, “we feared a very broad use of this measure to ultimately allow surveillance of many people”. “Organized crime offenses concern minor drug trafficking and are also used for investigations against activists”explains the general secretary.