2023-11-16 20:53:12
Published on Nov 16, 2023 at 7:53 p.m.
The Constitutional Council censored this Thursday one of the most sensitive measures of Eric Dupond-Moretti’s Justice bill: the remote activation of mobile phones and electronic devices to listen and film people targeted in certain cases without their knowledge. investigations.
According to the Sages, the measure constitutes “an attack” on the “right to respect for private life” which “cannot be considered proportionate to the aim pursued”. The Council, however, validated the use of this technique for geolocation.
The highest administrative authority further considers that the remote activation of a microphone or telephone camera “allows the recording, including places of residence, of words and images concerning both people targeted by the investigations as third parties. An attack on the right to privacy, according to the authority.
“Authoritarian drift”
The deputies of La France insoumise filed an appeal before the Constitutional Council after the adoption of this law on October 11. The left had denounced a “very dangerous slope”, even an “authoritarian drift”, in the wake of criticism from NGOs and lawyers.
The government intended to authorize this new investigation technique in cases of terrorism, delinquency and organized crime. This concerns “dozens of cases per year”, which is “far from the totalitarianism of 1984 », the novel by George Orwell, replied Eric Dupond-Moretti. The Minister of Justice compared the measure to the “old technique” of microphones or cameras placed in suspects’ homes.
He also underlined that the remote triggering of connected devices is already used by the intelligence services, without the authorization of the judge, which should be essential here.
On October 11, Parliament largely adopted its programming bill with the support of the right and the far right, and the abstention of the socialists.
With AFP
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