This is one of the rituals that are engaged in administrative police raids since the introduction of the ‘state of emergency: in addition to thorough searches, or brutal, the Interior Ministry officials copy the data found on tablets, smartphones and computers (except when it does not work). They will have to stop. Seized by the League of Human Rights, the Constitutional Council censured the provision of the law that authorized.
Why this censorship?
The advocate had warned January: “the collection of personal data during computer seized dematerialized must be surrounded by guarantees as to the use of the data.” the “wise men” share this recommendation and go further. To the Constitutional Council, the balance between safeguarding public order and respect for private life is disrupted when police sucks all of a particular data without supervision of a judge.
in the commentary of its decision, the constitutional Council cites for example the “” intimate “elements devoid of any connection with the threat that represent the person concerned ‘ that are still copied. Too much data, too remote link with any offense and poor supervision have convinced members of the Constitutional Council declared incompatible with the Declaration of Human Rights and Citizen of 1789, and thus the fundamental law.
What used the data entered?
This is the great blur and one of the reasons that pushed the League of human rights to file a priority issue of constitutionality on this point. The lawyer of the NGO, Patrice Spinosi, explained that “Law on state of emergency does not provide any more guidance copied data.” The Interior Ministry was never very talkative on this point.
In the Assembly, during the debate in committee on the extension of the state of emergency, Bernard Cazeneuve refuted the very marginal utility of a state of emergency in the fight against terrorism. One thing that had yet prepared Jean-Jacques Urvoas – since become Lord Chancellor. – When he presided over the parliamentary control commission
On February 11, the interior minister said wait much data seizures: “We can not know today how many people will ultimately implicated in terrorist offenses: most of the items recovered during the searches have not yet been exploited, including data IT. It’s the end of the investigations that we can know the number of networks dismantled, the number of people involved, and the results of the fight against terrorism conducted searches. “
What will they become?
the copied data during the searches must be destroyed, as reported on Twitter the lawyer Nicolas Hervieu. CNIL, gendarme of privacy, was not consulted by the government on the law on state of emergency. It does not therefore should oversee the removal of improperly collected data.
The censorship of the Constitutional Council does not automatically invalidate the proceedings commenced after data entry during searches, but opens the door to remedies. The 3397 administrative searches conducted since November 13, led the opening 23 investigations for terrorism and five for criminal association in relation with a terrorist enterprise.
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