2023-06-06 17:16:24
On May 31, in parallel with the debate on pension reform, the bill authorizing “biometric recognition in the public space” was examined by the Law Commission. While facial recognition had been excluded from the parliamentary debate on the occasion of the vote on “the law on the Olympics”, the Senators have just authorized an experimentation of the device for a period of 3 years. The secretary general of the CNIL nevertheless warned: “choosing to experiment is choosing to create ”.
Senators Marc-Philippe Daubresse (LR) and Arnaud de Belenet (Union Centriste) tabled the text in the Senate on April 5. It was amended by the Law Commission on May 31 and will be debated in the National Assembly on June 12.
A facial recognition device outside the Olympics
This bill relates to a generalized facial recognition system for public spaces. It is not to be confused with the provisions of the law relating to the 2024 Olympic Games. Definitively adopted by Parliament on May 19, “the law on the Olympic Games” allows so-called “intelligent” video surveillance to cover the event. sportsman, but excludes the processing of biometric data.
When we talk about a facial recognition device using video surveillance, it is actually a question of using software that compares images to a database. The use of biometric recognition makes it possible to identify a person using artificial intelligence, not just to film them.
During the session of the Law Commission on May 31, Philippe Bas (LR), the designated rapporteur on the text, specified that “at the time“of the debates surrounding the law on the Olympic Games”we did not want to introduce a facial recognition device“. But a few weeks later, this bill landed discreetly on the Commission’s desk.
A 3-year experiment, beware of the ratchet effect
Despite the risks it can carry, Philippe Bas welcomes the benefits of facial recognition. “In particular, it makes it possible to prevent attacks or even to find criminals.“. The rapporteur of the text promises to put in place a strict legislative framework to prevent “the development of a Chinese-style surveillance society“. He wishes to prohibit remote identification without consent and ensures that human intervention will always be at the origin of the data processing.
Senator Jérôme Durain (PS) reminds him, however, that very recently, such justifications have allowed certain abuses: “In Dijon, a video surveillance system made it possible to send to the home of each “delinquent” a fine for having dared to bang on a saucepan“His group will not support the proposed law and warns against”the ratchet effect”evoking the words spoken by the Secretary General of the CNIL during his hearing before the Commission: “choosing to experiment is choosing to create”.
Unless the legislator intervenes, the experimentation with biometric recognition would only last 3 years. Which would be surprising to say the least, since a regulation on artificial intelligence is in the cards of the European Commission.
It’s the fault of Brussels
“We risked being subjected, unbeknownst to our own free will and without having our say, to supranational legislation“, justified Marc-Philippe Daubresse (LR), one of the authors of the bill. Indeed, Brussels is preparing the adoption of a regulation by 2023-2024 which would govern the use of facial recognition on the Internet. entire European territory.
Will the European regulations provide for a “self-destruction clause” when the French experiment has come to an end? Allow us to doubt it.
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