2023-11-16 20:17:40
It is a decision that comes at the worst time for the Keeper of the Seals, Eric Dupond-Moretti. While awaiting the deliberation of his trial before the Court of Justice of the Republic for “illegal taking of interests” which must be made public on November 29, a flagship measure of his draft orientation law for justice was censored by the Constitutional Council: the remote activation of electronic devices, without the knowledge of their owner, to capture sounds and images, particularly mobile phones.
The Constitutional Council had been seized by more than sixty parliamentarians of the law of orientation and programming of justice and by the Prime Minister concerning the organic law relating to the opening, the modernization and the responsibility of the body judicial.
In a decision of November 16, the Council thus considers “the remote activation of electronic devices in order to capture sounds and images without it being necessary for investigators to physically access private places in order to install sound and capture devices is likely to cause a particularly serious attack on the right to respect for private life.. For constitutional judges, this measure “allows the recording, in any place where the connected device owned by a private person may be located, including residential places, of words and images concerning both the people targeted by the investigations and third parties” . Conclusion : “The legislator has allowed an attack on the right to respect for private life which cannot be considered proportionate to the aim pursued. »
Read also: Remote activation, for certain investigations, of microphones and cameras of connected devices adopted by the Senate
On the other hand, the Constitutional Council judges that “the remote activation of electronic devices for geolocation purposes does not disregard the right to respect for private life”.
Unpublished terms
Furthermore, the Constitutional Council partially censors and limits interpretation reservations to the provisions concerning the use of videoconferencing in the context of various judicial procedures.
On this subject, the censorship concerns an article of the organic law which allowed that, when the arrival in a jurisdiction located overseas or in Corsica of a delegated magistrate is not materially possible either within the time limits prescribed by law or settlement, or within the time limits required by the nature of the case, these magistrates can participate in the hearing and the deliberations of the court from a point in the territory of the Republic connected, live, to the courtroom by a means of audiovisual communication.
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