Allemagne : la Cour constitutionnelle encadre de manière stricte l'espionnage des ordinateurs privés
Auteur | Legal News |
Le 27 février 2008, la Cour constitutionnelle allemande a donné naissance à un nouveau droit fondamental, celui de la protection de l'intégrité des ordinateurs privés. En effet, si les juges constitutionnels ont autorisé l'espionnage des ordinateurs privés, grâce au placement de mouchards par les forces de sécurité, ils ont apporté des restrictions importantes à l'utilisation de ces méthodes. La question tranchée par la Cour constitutionnelle portait sur le fait de savoir si les autorités publiques ont le droit d'introduire un "cheval de Troie" sur l'ordinateur d'un suspect qui transmet aux autorités toutes les données personnelles et les fichiers enregistrés sur l'ordinateur de l'intéressé. Selon les juges, une pareille intrusion n'est envisageable que lorsque des valeurs fondamentales comme la vie humaine ou l'existence de l'Etat de droit sont en jeu. Ainsi, une autorisation...
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