French governmental bodies are under scrutiny by the Data Protection Authority for their use of AI
Corinne Thiérache
Artificial intelligence is increasingly used by public actors for security and surveillance purposes: regulations are being implemented with the aim of framing this use, such as the GDPR, the AI Act or the French Code de la Sécurité Intérieure.
On November 15th, 2024, the CNIL (the French data protection authority) released a decision (Décision n° MED-2024-150 du 15 novembre 2024 mettant en demeure le ministère de l’intérieur) giving formal notice to the Ministre de l’intérieur to comply with data privacy legislation regarding its use of augmented reality cameras.
Since 2015, French police have been using a video analysis software with facial recognition features called BriefCam.
The control of the CNIL on the use of this AI tool showed the following findings:
- No use of augmented reality in real time in public space has been observed.
- Augmented reality software is used on existing videos to filter through large amounts of data as part of criminal investigations; while this is legal personal data processing, compliance undertakings and privacy impact assessments should have been shared with the authority beforehand.
- An option for facial recognition has been added on the BriefCam software; while the Ministry claims it is not being used, CNIL is giving formal notice to make this option unavailable to ensure privacy by design.
The CNIL also implemented controls in eight French cities, which use augmented reality cameras for different uses, without always respecting applicable legislation.
The French data protection authority remains a careful watchdog regarding the use of AI augmented tools in the public domain and protects French citizens’ privacy against public actors.
Corinne Thiérache, designated as a Qualified Person by Decree, was part of the committee in charge of the surveillance of the use of AI augmented cameras during the 2024 Olympic and Paralympic Games. The report has been transmitted to the French Ministère de l’Intérieur on January 14, 2025.