2023-07-09 18:14:14
The legal framework had not been respected. The administrative court of Grenoble sanctioned the prefecture of Isère for abusive use of drones on July 5, during a demonstration organized after the death of young Nahel in Nanterre. In its order dated Friday and of which AFP obtained a copy on Sunday, the court found a “serious and manifestly illegal attack on a fundamental freedom” due to the use of two drones outside the legal framework, at the occasion of this prohibited demonstration in front of the Grenoble courthouse.
The prefecture had in fact not taken a prior decree authorizing the capture, recording and transmission of images by means of cameras installed on aircraft. A decree was only published after receipt of the request from Serge Slama, a law professor and member of the Association for the Defense of Constitutional Liberties (Adelico) before the court, the latter said.
“Invasion of privacy”
In his defence, the prefect Laurent Prévost indicated that the images had not been recorded and that informing the public “contradicted with the objectives pursued by the mission”. But the court retained a “breach of the right to respect for private life” because “the people participating in this gathering were not informed of the use of these aircraft”.
Thus, the judge ordered the prefect to send a copy of the drone data to the National Commission for Informatics and Liberties (Cnil) and then to erase all the recordings of July 5 within 72 hours.
Serge Slama, hailed a “great victory”. With Adelico, he says, “we have found that very often the prefects use drones without having issued orders, while the legal framework for their use is very strict” with the obligation in particular to define times and places of use. The prefecture has 15 days to appeal to the Council of State.
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