The French Government has recently introduced a new policy allowing the police to remotely access and control suspects' devices, including their cameras, microphones, and GPS data. Although this news has sparked controversy, similar practices have been in place in various countries for quite some time.
French Justice Minister Éric Dupond-Moretti announced the legislation, assuring that it would be utilized in only a limited number of cases annually. This spying capability will be granted for up to six months, subject to approval by a judge, and will primarily be applicable to cases carrying potential sentences of at least five years. "We're far away from the totalitarianism of 1984," he added. "People's lives will be saved."
The invasion of privacy involved in having law enforcement or government personnel gain unauthorized access to someone's phone and covertly observe their activities is undoubtedly concerning. It not only creates opportunities for the abuse of civil liberties by those in positions of power but also facilitates the misuse of this power by individuals acting in bad faith.
However, this type of surveillance is not a new phenomenon. As far back as 2006, the US FBI was legally activating cell phone microphones, even when the phones were switched off, to monitor suspects. During that time, it was still possible to remove the batteries from many phones, but modern devices lack this capability.
According to a 2022 report by Comparitech, all 50 countries examined granted some level of access to smartphones and their data for their respective police forces. The extent of access varied across countries, and many nations required warrants for such actions.
China, Saudi Arabia, Singapore, and the United Arab Emirates offered the most unrestricted access, with China even allowing access without any suspicion of wrongdoing. Surprisingly, Germany permits intelligence agents to remotely access smartphones and install spyware without the individual being a crime suspect. In the United States, warrants are generally required, although exceptions exist. Australia takes it a step further by granting police the authority to modify data on a suspect's phone.
Nevertheless, several countries have established strong protections for smartphone privacy. Austria, Belgium, Finland, and Ireland are among the countries with the highest ratings in this regard, as they have clear laws stipulating that the police can access mobile phones only when the person is a suspect and a warrant has been issued.
If the idea of such access to your smartphone is unacceptable, there are options available in the market for smartphones equipped with physical switches that can prevent cameras and microphones from being activated, without the possibility of remote override.
However, even if you deactivate your GPS, your location can still be tracked through triangulation using the cell towers that your phone communicates with numerous times each day.
