2023-05-17 18:49:23
The Constitutional Council validated on Wednesday May 17 the vast majority of the articles of the bill adopted with a view to the 2024 Olympics in France, including the experimentation with algorithmic video surveillance, subject to two reservations.
Definitively adopted in mid-April by Parliament, this bill defended by Ministers Gérald Darmanin (interior) and Amélie Oudéa-Castéra (sports) provides for numerous measures intended to secure the Olympic and Paralympic Games in the summer of 2024.
Among them, the controversial use of images from cameras and drones to feed algorithms that would automatically alert the authorities of a ” event “ potentially at risk (crowd movement, abandonment of luggage, etc.). The complete list of events to be monitored must be fixed by decree.
“Prevention of breaches of public order”
Environmentalist and rebellious deputies had seized the Council, considering that this technology “carries serious attacks on the fundamental freedoms to come and go, to demonstrate and to hold opinions”and that the legislator has done away with it by relying on a decree.
Arguments which did not convince the Constitutional Council: it considers that the legislator pursued an objective of “prevention of breaches of public order” and set time limits for this experimentation. “The compliance with the Constitution of this device can then be examined again” at the end, underline the Sages.
Experimentation could begin as soon as the law is promulgated and concern “sporting, recreational or cultural events which, by the extent of their attendance or their circumstances, are particularly exposed to the risk of acts of terrorism or serious threats to the safety of persons”.
Prefectural authorization
Each use of technology must be subject to prefectural authorization for one month, renewable under conditions. The trial period must end on March 31, 2025.
The prefect will have the obligation to “immediately terminate an authorization whose conditions (…) are no longer met”specified the Constitutional Council in a reservation of interpretation.
Events under surveillance must also “to be detected without recourse” to facial recognition or biometric techniques, a government commitment, but which does not reassure either left-wing elected officials or associations (Amnesty, Quadrature du Net, etc.) opposed to the use of this technology.
“The right to respect for private life”
The Elders were also seized by the deputies on the strengthening of the anti-doping arsenal, with genetic tests to detect forms of genetic doping. The elected officials pointed out in particular the lack of consent of the athlete at the time of the test.
But the Council has also validated this article, with one reservation: the authorities will have to guarantee that by registering for the Olympic Games, athletes have sufficient information to guarantee that they accept the possibility of being subjected to this type of tests.
However, in its decision it establishes that “the right to respect for private life” requires “particular vigilance in the analysis and processing of a person’s genetic data”.
On the other hand, the Council deleted an article from the bill which aimed to ensure that the French Anti-Doping Agency could receive information from the national financial intelligence unit (Tracfin), considering that it was a legislative rider.
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