France’s police authorities may soon have the power to monitor suspects through their mobile devices. A new judicial reform would allow investigators to remotely activate and monitor the GPS, camera, and microphone of smartphones, laptops, and other mobile devices. However, civil rights organizations are concerned about the potential abuse of these surveillance powers and fear that it may lead to a surveillance state. The French Senate has already approved an earlier version of the judicial reform, but Parliament has yet to pass the law with additional restrictions.
This week, the French government increased the requirements for this type of surveillance. The monitoring must now “justify the nature and seriousness of the crime” and be limited to a “strictly proportionate duration”. Each measure must be approved by a judge, and the total duration of surveillance cannot exceed six months. GPS tracking is only allowed for crimes punishable by a prison sentence of at least five years. Certain professions, such as doctors, journalists, lawyers, judges, and members of parliament, are exempt from surveillance.
Despite these restrictions, French civil rights organizations remain concerned. La Quadrature du Net warned of potential abuse by the police authorities shortly before the end of May. The law’s definition of a “serious crime” is not clear, leaving room for climate and environmental activists to potentially be targeted. The government has clarified this definition, but there are worries that surveillance measures may be extended beyond serious crimes in the future. Additionally, there are fears that police may exploit vulnerabilities to remotely access suspects’ mobile devices instead of reporting them to manufacturers for closure.
In response to these concerns, France’s Minister of Justice, Éric Dupond-Moretti, assured that these surveillance measures would only be used in “dozens of cases a year.” Dupond-Moretti argued against comparisons to a totalitarian surveillance state, stating that “we’re a long way from the totalitarianism of 1984.” He believes that lives will be saved by these measures.
