Indeed such services are primarily minors which can be monitored by their parents

The phenomenal success of the GeoPortal utility site demonstrates a certain enthusiasm for Geolocation. The proliferation of these services and their technological development is nevertheless new legal risks, on the right to privacy. The risk of the GeoPortal or Google Earth mapping sites, appears still limited insofar as it concerns that some personalities tolerant not that be disclosed the position of their residence, or military authorities who want to hide the views of certain sensitive sites.

In these particular cases, the answers legal classics, such as the right to privacy (1) or the protection of the secret defence (2), are to apply. It would certainly be similarly possible for abuses that these pictures would cause to property, protected by the law of property. The question becomes more difficult with regard to the "active" Geolocation tools which lead to follow in real time the activity of people equipped with.

It is using GPS or GSM, systems that allow, among other things, the location of mobile phones, automobiles or electronic bracelets; the main objectives of these systems as surveillance of persons, whether minors, employees or sentenced in rehabilitation.

The geolocation of the employees is the most framed by the CNIL, which has adopted several deliberations in 2006 and published a guide on the subject. If it is not prohibited to equip the car of an employee of a geolocation system, this system must however be declared to the CNIL, where appropriate, following a simplified standard (3) and strict in terms of information requirements of employee and purpose.

The opinion of the CNIL

With regard to the actual device, it must not lead to disproportionate employee supervision, in accordance with the principle that no person shall provide persons rights and freedoms individual and collective restrictions which are not justified by the nature of the task or proportionate to the aim"(4). However, if the location of professional vehicles can be proportionate to the aim pursued, it - other

element of personal vehicles.

Thus, the CNIL has slowed the development of systems for a driver to benefit from a preferential insurance tariff if it fitted to the vehicle of a device enabling the insurer to control the location of the vehicle, practised and schedules and times driving speeds. She refused to allow such a device, on the ground that the infringement of freedom of movement was disproportionate and that such a system had to deal with offences (5) data.

The success of some websites, to locate on a map of any mobile phone, must also be the subject of attention. Indeed, such services are primarily minors, which can be monitored by their parents. Although legal, once the person has previously given its consent and it has the possibility to interrupt at any time the system, such services are however under special attention of the authorities, in particular the article 29 Group (6). In a notice of last November, this organization stressed the likely consequences of such devices on minors, who may get used and tolerate intrusions upon their privacy.

A policy of sanctions

In any case, the use of location data is called to development all over the place, followed by stolen vehicles to the trace, dating sites locating GSM of the ideal, or even trading partner identifying the potential customer to GPS address advertisements when it passes near the store. Today, as long as the user is informed of the existence of systems and put in a position to oppose, the risk appears to be relatively content. Nothing however to say that these safeguards will be always enough to still more intrusive technologies. Also, deal with these developments, the CNIL led with substantive reflection of many consultations, which will probably result in a normative framework specific already committed about employees and by a policy of systematic enforcement of the most dangerous applications.