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Motorists authorized to share information, including on speed cameras, rules the Constitutional Council


The Constitutional Council was seized of a priority question of constitutionality by the Council of State in September, after a request from a manufacturer of driving and navigation assistance systems.

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Motorists can share traffic information, including speed checks, on the entire French road network, the Constitutional Council ruled on Wednesday (November 24). An exception is made for police checks involving the interception of vehicles.

The Sages had been seized of a priority question of constitutionality (QPC) by the Council of State in September, after a request of the manufacturer of systems of assistance to the conduct and the navigation Coyote System. The company contested an article not yet applied of the Highway Code (law of December 24, 2019), which provided for a total ban, during certain road checks, “to rebroadcast the messages and indications sent by the users of this service”, even if these indications had nothing to do with the control. This ban, under the control of the prefects, only applied on departmental roads. By virtue of a provision of the European Union, the prefects could not in fact prevent exchanges between motorists on motorways and national roads.

Coyote System lawyers criticized these provisions “to undermine freedom of expression and communication”, “an infringement which would be neither necessary, nor suitable, nor proportionate to the objective pursued by the legislator”. In its decision, the Constitutional Council recalled Article 11 of the Declaration of the Rights of Man and of the Citizen of 1789: “The free communication of thoughts and opinions is one of the most precious human rights”. “This right implies the freedom to access and express yourself in these services”, he notes in a press release.



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