The government has to start the process to discuss a bill from the frame using geolocation under police investigation. The Cabinet considered the provisions contained in this document to limit abuse in the use of this technology from mobile phones or tags.
According to Reuters, discussions will begin in the Senate on January 20 as well as on the benches of the National Assembly on February 6. The aim is to adopt the text by 17 February. The idea is certainly to allow geotagging but only for the investigation of a crime or an offense punishable by at least three years in prison.Other limits are designed to limit the use this practice. Thus, only the prosecutor may, by written decision, appoint teams to have recourse. This blank check that can be programmed for a renewable period of 15 days. Similarly, during an investigation, only the judge may give its approval to allow geolocation of a suspect for a period of 4 months (also renewable). The text is also supervise the Home Installation of devices for geolocation. If the penalty for the suspect is at least five years in prison, only judges, freedoms or detention may decide the implementation of such methods. Finally, when it comes to locating a victim from his cell phone, no application to a magistrate is required.
Following the Council of Ministers, Christiane Taubira, Minister of Justice, stated that this text should be considered a “balanced legal device that ensures the effectiveness of investigations while significantly strengthening the protection of freedoms [...] At the same time, we must preserve the procedures because it takes ensure effectiveness in particular against organized crime . “
This legislation operates in a particular context. If the government insists on trying to remember that comply with the European Court of Human Rights, it also refers to a recent decision of the Court of Cassation. Last October, the justice in fact recalled to the police that they could use the geolocation of suspects through their mobile phone only after authorization of a judge.The text presented here to the government should comply with these rules and thus specifies the framework for a consistent application of geolocation.