Facial recognition: what the law allows and prohibits in France
Real-time facial recognition in public spaces for law enforcement purposes is banned by the AI Act except for strict exceptions subject to authorization. In France, the May 19, 2023 law on the Olympic Games authorized experimental algorithmic video surveillance without facial recognition, under CNIL oversight. The article covers what is legal, experimental and prohibited.
Facial recognition is strictly regulated in France and Europe. The AI regulation prohibits remote real-time biometric identification in public spaces for law enforcement purposes, except for limited exceptions subject to authorization. In France, the law of May 19, 2023 relating to the Olympic and Paralympic Games authorized, on an experimental and temporary basis, algorithmic video surveillance, expressly excluding facial recognition, under the control of the CNIL. A clear distinction must be made between what is prohibited, what is experimental and what is authorized.
What is prohibited
Remote real-time biometric identification in public spaces for law enforcement purposes is in principle prohibited by the AI regulation, except for strict and framed exceptions, subject to prior authorization. The creation of facial recognition databases through indiscriminate scraping of images is also prohibited.
What is experimental
The law of May 19, 2023 permitted, for a limited duration and on an experimental basis, the use of algorithmic processing on video surveillance images to detect predetermined events, such as abnormal crowd movements. This algorithmic video surveillance system expressly excludes facial recognition and identification of individuals. It is under the control of the CNIL, which has evaluated its uses.
What is authorized subject to conditions
Certain restricted biometric uses exist in specific and regulated frameworks, such as secure access upon consent in determined contexts. Any implementation is subject to the GDPR and the control of the CNIL, with reinforced requirements for biometric data, which are sensitive data.
The role of the CNIL
The CNIL regulates, controls and issues opinions on biometric devices. It has expressed constant vigilance regarding facial recognition, whose generalized deployment in public space is not authorized.
Frequently Asked Questions
Is facial recognition used on the street in France?
Its use for identification purposes in public space is in principle prohibited, with strict exceptions subject to authorization.
Does algorithmic video surveillance recognize faces?
No. The 2023 experimental framework expressly excludes facial recognition.
Who controls these devices?
The CNIL, with reinforced requirements for biometric data.
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