The Supreme Court docket of Japan guidelines that GPS monitoring doesn’t spy on automobiles
The Supreme Court ruled Thursday that GPS monitoring of cars does not constitute espionage, which is prohibited by the Stalker Act, and denied appeals from prosecutors.
The Supreme Court’s First Petty Bench issued the verdict in the trials of two criminal cases over the use of GPS devices attached to cars to track the activity of targets.
The Supreme Court rulings on cases found not to have been spied on will become final.
The Supreme Court stated that illegal spying is an act of monitoring the activities of targets near their homes and other places where they regularly visit.
The Supreme Court rulings had limited illegal espionage to direct surveillance of targets, such as visual observation, and remote surveillance through GPS devices cannot be punished by law.
One of the two cases is a 48-year-old man who installed a GPS device in his then-wife’s car, and the other is a 53-year-old man who installed such a device in the vehicle of his former dating Partner has built in.
In both cases, the GPS device was installed in a parking lot that the victim used regularly. The Supreme Court stated that in both cases no location information was gathered near the parking lots, which found that the men’s actions did not constitute espionage near the victims.
In the case against the 48-year-old man, the Fukuoka District Court found that stalking activities are changing in line with social change. Illegal spying involves the use of electronic devices to monitor objects used by targets.
However, the Fukuoka Supreme Court later overturned the lower court’s ruling and limited this illegal surveillance to spying with eyes and ears near the targets.
In the 53-year-old man’s case, the Saga District Court ruled that spying with GPS devices was illegal, but the Fukuoka Supreme Court later overturned the District Court’s decision.
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