Brussels, 07/04/2015 (Agence Europe) - In a press release on Tuesday 7 April, the NGO, Human Rights Watch (HRW), expressed its concern about a French draft law on intelligence that is expected to be submitted to the French National Assembly in just under a fortnight, as part of a fast track examination. The NGO claims that this bill would “open the door to the surveillance society”.
The text is already very controversial in France and was prepared significantly before the January terrorist attacks. It will authorise police surveillance, without having to obtain the authorisation of the judge. It will also bolster the powers of the Prime Minister with regard to authorising the interception of communications.
HRW points out that the text undermines obligations on human rights and “would create a highly damaging model for other countries”. The serious flaws listed by the NGO include “ the expansive powers for the prime minister to authorize surveillance for purposes far beyond those recognized in international human rights law; lack of meaningful judicial oversight; requirements for private service providers to monitor and analyze user data and report suspicious patterns; prolonged retention periods for some captured data; and little public transparency”. Human Rights Watch states that “Though the goal of the bill is to place France's surveillance practices under the rule of law…France can do much better than this, especially if it wants to distance itself from the overreaching and secretive mass surveillance practices of the US and the UK that have attracted so many legal challenges”.
The bill recognizes at the outset both the right to privacy and the principle that interference with that right is legitimate only where necessary and proportionate. However, HRW indicates that “this positive start is swiftly undermined by an expansive list of seven 'public interests' that might justify surveillance, including the nation's 'economic and scientific priorities', 'foreign policy', and 'the execution of international engagements'”.
The bill vests sole discretion to apply surveillance powers with the Prime Minister: the bill contains no requirement for judicial review of surveillance measures before they are put into effect, unless a majority of the nine appointed members of this commission disagree with the Prime Minister's decision. HRW also explains that it takes only one commission member to approve a measure. (Solenn Paulic)