- "The so-called "augmented" or "intelligent" cameras are in full development and are made up of automated image processing software coupled with cameras, "they allow not only to film people but also to analyze them in an automated way in order to deduce certain information and personal data concerning them. For example, they can automatically count the number of people in a place, analyze some of their characteristics (clothing, wearing a mask, etc.), or even identify certain behaviors (dropping a bag, breaking the law, etc.).
New risks for the rights and freedoms of individuals
After organizing a public consultation, the CNIL has just published its position on this technology and the applicable legal framework " to set red lines and provide legal security to the actors "."The deployment of "augmented cameras" in the public space presents new risks for privacy, comments the CNIL. "Indeed, an uncontrolled generalization of these devices, which are intrusive by nature, would lead to a risk of surveillance and generalized analysis in the public space likely to modify, in reaction, the behaviors of people walking in the street or going to stores.The CNIL therefore calls for an overall reflection "on the proper use of these tools in the public space, regardless of the legitimacy of each use taken in isolation. It believes that it is necessary to set red lines to never use these cameras for the purpose of "rating" people.
"If the effectiveness of these augmented cameras is proven", the CNIL reminds us, " and their use is necessary, it should be authorized by a specific law which, after a democratic debate, would set specific cases of use with guarantees for the benefit of people ".Permissible uses and their supervision by the public authorities
"Some uses of "augmented" cameras may seem legitimate: devices counting pedestrians, cars or cyclists on the public highway in order to develop it, adapting public transport capacities according to their frequentation, analyzing the frequentation and occupation of a building to adapt its energy consumption, etc. However, as it is generally not possible for people to exercise the rights granted to them by the General Data Protection Regulation (GDPR) (right to object to being analyzed by the camera), these uses will only be legal when they have been authorized by the public authorities, who must take a text (regulatory or legislative) to override the right of objection. When "augmented" cameras are used to produce statistics, made up of anonymous data and not having an immediate operational vocation, they can already be deployed, without any specific framework. This would be the case, for example, for a device that calculates the number of passengers in the metro to show passengers the least crowded trains to go to. Generally speaking, it will be up to the public authorities to ensure that the use of "augmented" cameras is limited to the most legitimate cases, in order to avoid a disproportionate multiplication of these devices, which would change our relationship to public space.In its position paper, the CNIL did not address facial recognition, which poses specific questions already addressed in its 2019 position.
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