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Ben Faiza v France: Use of Cell Site Location Information by Police Is Acceptable Interference with Right to Privacy

DOI https://doi.org/10.21552/edpl/2019/1/19

Katrien Keyaerts


Ben Faiza v France, Application no 31446/12, Judgment of the European Court of Human Rights (Fifth Section) of 8 February 2018
Live GPS surveillance of a vehicle by French agents during a criminal investigation violated the suspect’s right to privacy as protected by Article 8 of the European Convention on Human Rights, but the use of cell tower data to determine the suspect’s location after the fact did not.
Article 8 ECHR; Articles 81 and 77-1-1 French Code of Criminal Procedure.

Katrien Keyaerts, Belgian attorney living in the United States; External Research Fellow, Research Group Fundamental Rights & Constitutionalism, Free University Brussels (VUB); LLM in US Legal Studies, University of Oklahoma (OU) College of Law. For correspondence: <mailto:katrienkeyaerts@ou.edu>.

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