Association Confraternelle de la Judiciaire v. France (France 24 July 2015 Law on Intelligence)
Challenging the use of surveillance technologies in the context of terrorism-related measures
European Court of Human Rights
Application No. 49526/15
On 15 September 2017, Privacy International filed an intervention in Association Confraternelle de la Press Judiciaire and 11 Other Applications v. France before the European Court of Human Rights. The case challenges the Law of 24 July 2015, which authorised the French intelligence services to utilise several new surveillance powers for the purpose of preventing terrorism. In particular, the Law authorises:
The installation of “black boxes” on the networks of electronic communications services (e.g. telecommunications operators), internet service providers, and webhosting providers to conduct real-time automated data processing to detect terrorism threats (Art. L. 851-3).
Hacking to (1) access, collect, retain, and transmit data stored on a computer system and (2) access, collect, retain and transmit data as it is displayed on a user’s computer screen, entered by keystrokes, or as received and transmitted by audio-visual peripheral devices (e.g. microphones, cameras and sensors) (Art. L. 853-2).
The use of IMSI catchers, which can collect mobile phone data and track individuals’ locations. The Law authorises the use of technical devices, including IMSI catchers, to enable real-time tracking of a person, vehicle or object. (Art. L. 851-5).
Privacy International's submissions elaborate on the impact of these surveillance technologies on the right to privacy.