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27/07/2024 - Orléans Court Rules Against AI-Powered Audio Monitoring (France)

argument: Decisioni/Decisions - Personal Data Protection Law

According to an article of La Quadrature du Net, the Orléans Administrative Court has ruled that an AI-powered audio surveillance system installed in public spaces by the city council of Orléans is illegal. This judgment marks a significant victory in France against such surveillance technology. The system, developed by Sensivic, was intended to detect unusual situations through microphones linked to local CCTV. The court dismissed the city's assertion that no personal data was processed, highlighting that the microphones, in conjunction with CCTV, collected identifiable information. The ruling emphasized that the surveillance lacked legal authorization.

The court's decision also rebuffed claims from Orléans’ deputy mayor, Florent Montillot, who argued the system could save lives. The court clarified that utility does not equate to legality or proportionality in surveillance matters, challenging the prevalent political narrative that justifies extensive surveillance for police convenience. This ruling sends a clear message to other cities and companies exploring similar technologies.

In a broader context, the ruling addresses the legal challenges posed by AI-powered surveillance technologies. Despite Sensivic's product being marketed as GDPR-compliant, the court found it in violation of fundamental rights. The French Data Protection Authority (CNIL) had previously criticized a similar system in Saint-Étienne, halting its operation. This case underscores the need for stringent legal scrutiny and explicit bans on surveillance technologies that infringe on civil liberties.

The court's decision has broader implications for public contracts involving surveillance technologies. It establishes that organizations like La Quadrature du Net can challenge such contracts in court, potentially paving the way for more legal actions against unauthorized surveillance systems. The ruling is a significant step in the ongoing legal battle against pervasive surveillance technologies, reinforcing the protection of individual rights against overreach by security industries and public authorities.