On 5th July 2023, French lawmakers approved a new justice reform bill that permits police to remotely access and monitor the cameras, microphones, and GPS of individuals’ mobile phones and other devices. This provision has sparked criticism from various quarters, including the left-wing opposition and the so-called human rights defenders in France, who argue that it infringes upon citizens’ privacy rights.
Police will have the authority to remotely activate mobile phones of targeted suspects
The bill, which forms part of a broader justice overhaul, also encompasses laptops, cars, and other connected objects, expanding the scope of police surveillance. It empowers law enforcement agencies to track the geolocation of suspects involved in crimes carrying a minimum sentence of five years imprisonment.
In addition, the legislation allows for remote activation of devices to record audio and video of individuals suspected of terrorism, organized crime, and delinquency offenses.
Digital rights group La Quadrature du Net expressed serious concerns regarding the potential infringement of fundamental liberties. They pointed out that the right to security, the right to private life, private correspondence, and the right to freedom of movement could be compromised, suggesting that this proposal signifies a slide towards heavy-handed security measures.
Doctors, journalists, lawyers, and MPs are exempt
During the parliamentary debate, lawmakers aligned with President Emmanuel Macron introduced an amendment to the bill. The amendment restricts the use of remote surveillance to cases where it is justified by the nature and severity of the crime, ensuring a strictly proportional duration. Furthermore, the provision requires judicial approval for its implementation, with a maximum surveillance period of six months. Notably, professionals in sensitive fields such as doctors, journalists, lawyers, judges, and members of parliament are exempt from being targeted under this legislation.
Justice Minister Eric Dupond-Moretti defended the bill, assuring citizens that it would only impact a limited number of cases each year. He argued against comparisons to George Orwell’s dystopian novel “1984,” emphasizing that the law is far from totalitarian surveillance. Dupond-Moretti maintained that the measure would save lives and contribute to public safety.
This controversial provision, alongside several other measures, was approved by the National Assembly as part of the justice reform bill, which is currently progressing through Parliament. The bill has drawn attention amidst ongoing social unrest sparked by the recent police killing of Nahel Merzouk, a teenager of African origin. Riots under the guise of mass protests erupted across France, reigniting concerns about people’s safety.
‘Law and order is not EU’s domain’: Frances dismisses EU statement over current riots
In response to the criticism, the French government dismissed comments from European Union (EU) Justice Commissioner Didier Reynders regarding the recent protests in the country. France rejected the notion that the EU should intervene in matters concerning law enforcement. Laurence Boone, France’s minister in charge of European affairs, emphasized that upholding public order is not within the EU’s domain. She labeled the remarks as interference in France’s domestic affairs and highlighted that similar events are not exclusive to France, necessitating efforts to restore calm rather than commentary from external sources.
As France grapples with rising violence and ongoing riots primarily involving Islamic refugees, the passage of this law reflects the government’s determination to combat the security challenges faced by the country. However, concerns about potential infringements on individual privacy rights and the balance between security and civil liberties persist, leading to a heated debate within French society.