View original (French)

Family Link Espionnage

Closed
Sebsn -  
Pierrecastor Posted messages 10830 Registration date   Status Moderator Last intervention   -
Hello
The ex-partner of my wife installed Family Link on the child’s phone; it has geolocation enabled. When he is at our place, he tracks all our actions and movements; on the app it is possible to see exactly where we are with the address. All the locations where we are, he has the ability to see them on his own phone because he is the supervisor of the app. My wife does not want to have supervisory rights because she is not interested. She manages the child, places your phone down, he places it down, the dad less.
We consider this as spying on us in terms of privacy invasion, when we have the child at our home; otherwise at his home he does what he wants, this does not bother us. He refuses to delete the geolocation. Can I file a complaint for invasion of privacy for spying? If you can inform me or tell me where to look (the police have not been able to inform me) or provide texts of the law to send a letter to this gentleman.
Thank you

2 answers

  1.
    bendrop Posted messages 12662 Registration date   Status Contributor Last intervention   8 527
     
    Good evening,

    Your request concerns more of a rights issue than a problem related to Internet usage.
    You can renew your request here https://droit-finances.commentcamarche.com/forum/
    a legal forum much better suited to your query.

    Best regards.

    --
    “It has become evident today that our technology has surpassed our humanity.” Albert Einstein
    0
    1. brucine Posted messages 24942 Registration date   Status Member Last intervention   4 178
       
      Hello, It seems to me that the same question was asked in the same terms a few weeks ago. With the civil plan being fragile (damages, but it can still be invoked), the basis of the offense (which is not espionage but an invasion of privacy) is defined by the Penal Code 226-1, and in particular 3°) paragraph 2: It is obviously necessary to gather proof, one can start by requesting that this surveillance be stopped by LR AR, which will be fragile to verify since the person will argue that she intends to use it when the children are under her custody and that it would involve temporarily disabling it, which is neither easy to implement nor to verify. I fear that one would then have to go through the ministry of a lawyer.
      0
      1. Sebsn > brucine Posted messages 24942 Registration date   Status Member Last intervention  
         
        Hello
        Thank you very much, disabling it provisionally would already be good, because on the phone it is not yet possible to disable the location. Once that is possible, it’s fine
        0
      2. brucine Posted messages 24942 Registration date   Status Member Last intervention   4 178 > Sebsn
         
        I don’t know these apps, which I even condemn in other contexts, but their own purpose is most certainly to prohibit disabling location, otherwise they lose their “interest.” Unless, of course, the shepherdess’s reply to the shepherd, to root the phones in question to remove the app.
        0
      3. Sebsn > brucine Posted messages 24942 Registration date   Status Member Last intervention  
         
        However I called the police and they told me that Article 226-1, 3° does not apply because it’s an app that could be used to locate a lost phone and not to track a child. I’m at a loss.
        0