The iPhone application is cause for great controversy. However, what about its legality? Lighting by Boris legal Manenti.
“Jewish or not Jewish?”, The application that provides a list of persons appointed as “Jewish” is the subject of incredible controversy. However, what about the legality of such an application?
Interviewed by “Le Nouvel Observateur,” Master Eolas says: “French law applies because the application is available in French, sold in euros, and the author of British nationality, but a French resident, probably collected and treated data in France. ”
The creator of the application, Johann Levy, has admitted to manually process data on individuals known as “Jewish.” It could well be prosecuted and face up to five years in prison and 300,000 euro fine.
Article 226-19 of the Penal Code states: “Keeping in mind computer, without the express consent of the individual, the personal data that directly or indirectly reveal the racial or ethnic origin, opinions political, philosophical or religious […] is punishable by five years imprisonment and a 300,000 euro fine. ”
Apple faces up to 1.875 milliContacted again by “Le Nouvel Observateur,” Apple still wants to “no comment”.
“Not yet” complaint
SOS-Racisme has already announced the future filing of a complaint for “illegal constitution of a file.” Dominique Sopo, president of SOS Racisme, says that the complaint should be filed “by the end of the week”.
The lawyer for SOS-Racisme, Mr. Patrick Klugman, said: “We will ask the prosecutor to prosecute. We will file a complaint against X and prosecutors will determine the responsibilities of the editor [Johann Levy] and may Apple being an accomplice. ”
Offer himself to the floor while two options: either trigger an investigation, or do nothing. Eolas me believes that the prosecution would “prefer a no further action or a simple reminder of the law for this application sold to a small fee, rather than engaging in a long process.”
However, counsel for SOS-Racisme warns: “If the prosecution does not act, then we as a civil party to force him to trigger a procedure.”
Still, people who are in the listing of the application could sue individually.Reporter David Abika named in the application, said he “thought to complain,” but prefers “not to take it personally.”
Johann Levy (read its platform on the most) does note “not yet” have received a complaint, adding: “if there is a real legal problem, then Apple will not let its AppStore.” However, it says “surprised by all the noise around an application that is not dangerous.”