Micro spy and legislation

The market for spyware and tools, including the spy mic, continues to grow. These equipments are becoming more and more accessible to the majority and come in a wide variety of presentation: pen, USB stick, small compact cases ... It should be known, however, that the use of a micro spy is subject to strict regulations. Want to know more? Here is a guide to legislation on the use of spying tools, including the spy mic.

Foreword

The Act does not prohibit the use of systems for recordings, eavesdropping or locations, provided that their use is in accordance with existing legislation. These devices can only be used if the consent of the persons concerned is obtained. Their use must be limited to personal and private use or consent.

However, it is clear that with advanced technology, it is now easy to record conversations with a spy microphone connected to a mobile phone. In addition, there are free downloadable apps that allow you to automatically record recorded conversations on a phone. In addition, the latest generations of smartphones offer many options to simplify listening to conversations remotely or to record video images captured using a spy mic. However, it should not be mistaken that these recordings are entirely legal. There are some cases where they are not. Explanations.

The right to privacy

The Act largely protects the secrecy of communication, which is considered a fundamental right. Technology is evolving so rapidly that it often overshadows the right to privacy. Caution is therefore required when using a spy microphone and the various spying tools and software on the market.

Is recording a conversation legal?

Generally, this practice is legal as long as the user participates in the conversation and does not intend to publicly release the recordings made. On the other hand, if the person recording with a spy mic conversations where he does not participate, he commits a crime. ANSSI (National Agency for security of information systems) recently recalled that " violation of the confidentiality of communications and privacy of others, sale to the public and the use of listening devices are illegal ». The perpetrators are liable to prosecution and can be punished with a sentence of 1 to 4 years' imprisonment and a fine of up to 45,000 USD.

The Penal Code stipulates that the interception of telecommunications or the installation of devices designed for this purpose are also punishable by the same penalties.

What about recording a conversation as evidence in a trial?

In some cases, recording a conversation may be the only way to prove that the user is the victim of a crime. Presenting recordings made with a spy mic or a mobile phone as evidence in a trial is becoming more and more common. Case law has developed around this theme. This type of recording can be considered legal evidence provided: - That the recording be made outside the active part of the conversation. -Let there be no provocation, deceit or coercion on the part of the person making the recording. - That the recording of the conversation be done in a public place. The owner's consent or authorization is required if the registration is made in a private place.

Legislation on the circulation of listening tools and software

Strict legislation regulates the movement of devices, a spy mic for example, or software to listen to communications. The Penal Code states that " the absence of ministerial authorisation, the manufacture, importation, detention, exhibition, supply, rental or sale of devices designed to carry out the aforementioned offences are punishable by the same penalties. ». The Act also prohibits advertising of listening materials, including the proposal and sale on the Internet of software designed to trap mobile phones for surveillance and eavesdropping.

The Penal Code provides for a sentence of 2 years' imprisonment and a fine of 30,000 USD for anyone who fraudulently enters a computer system and stipulates that "the fact, without legitimate cause, of importing, detaining, offering, transferring or making available a computer program intended to commit this type of offence is also punishable ». Software designed to modify computer systems with the aim of capturing personal data, without the user's knowledge, is affected by this legislation.