A bill to clarify the measures related to geolocation in France is presented to the French Senate. This text includes several measures concerning methods of locating individuals during criminal investigations
This bill will follow a specific procedure :. The text will undergo a single reading (followed by vote) in each assembly, namely the National Assembly and the Senate. There will be no return between the two chambers, for the text to be voted in identical terms.
This text becomes a topic in a somewhat special legal context. Indeed, the Supreme Court and the European Court of Human Rights have canceled the different procedures between 2010 and 2013 because investigations had used geolocation without permission. These courts have explained their decision by saying that the methods used by the police violated Article 8 of the European Convention on Human Rights.
This provision implies, to any person, the right to respect for "private and family life, home and correspondence. "Of course, exceptions exist to counter this principle if necessary, but do not integrate geolocation. That is why a regulatory framework should be in place.
The thus regulating bill measures related to the geolocation focusing not only on access to data held by telecom operators, but also the installation of beacons in the investigation. the text therefore concerns the real-time monitoring of a terminal or a mobile object to locate a person.
Article 1 stipulates that these methods can not be used when investigating a crime that can lead to a term of imprisonment up to five years. It is therefore to regulate investigation Practice on the causes of death, disappearance or when people leak.
It is proposed that if an investigation of a crime or offense, a police officer can program the Installation of these geolocation tools in a vehicle, a parking lot or a private place, including the home. When it comes to a preliminary hearing, the judge of freedom may allow such methods to be used for up to 15 days. It can then expand the use of this method for a period of one month (renewable).
When the situation is "imminent risk of losing evidence or serious to persons or property infringement" geolocation authorization may be issued by someone other than a judge . However, on this point, the law remains vague because it must define, through a specific decree, which is empowered to grant such authority. For now, the draft mentions only "accredited service officers, unit or organization under the authority or supervision of the Minister of Security."
Before the parliamentary debate starts, the digital sector actors have expressed their opposition to some of the measures contained in the bill. Thus, the Association of Community Internet Services (ASIC), which represents some Web giants like AOL, Dailymotion, eBay, Deezer, Facebook, Google, Microsoft, Yahoo ... expressed concerns about some parts of the bill.
In a statement, ASIC believes that this language "tends to allow geotagging not only for any vehicle and any phone number, but any object as explicitly stated." the association is concerned that any connected object may come within the scope of the law. That's why the group wants the geolocation scope to be applied "as monitoring a mobile phone number or the transport of vehicles."
The best way to ensure that your personal data is not followed is to use a VPN service. The VPN reduces your online movements by replacing your routing information through an anonymous IP address, thus avoiding geolocation, either on your computer or mobile device. Secure DNS servers VPN keep secret requests that you make, so that nobody can see your browsing history. In addition, your Internet connection is encrypted with a very strong system that protects you against hackers and illegal ears trying to listen and obtain sensitive information about you. Your Internet connection is hidden behind many servers VPN :. When connected to the VPN, no one can access your computer or mobile device without using VPN protected servers
0 Komentar