Author: Dr. Cécile Zakine, Doctor of Law
Date:: 05/12/2024
In the current digital era, where artificial intelligence (AI) and video surveillance are an integral part of our daily lives, the question of the protection of personal data becomes essential, especially when it comes to filming in public spaces . As a doctor of law, I would like to approach this complex issue from the perspective of the General Data Protection Regulation (GDPR).
The GDPR, a European regulation, imposes strict guidelines regarding the processing of personal dataThese guidelines are particularly relevant in the context of the use of surveillance cameras by transport companies or other public entities. Their goal? To ensure safety and prevent incidents. However, these actions raise important legal issues related to individual privacy.
It is essential to recognize that capturing images in public spaces by surveillance cameras is not a trivial matter. It requires a solid legal basis, justified by a legitimate interest, a mission in the public interest, or the explicit consent of the people being filmed. In the absence of such justifications, such practices may be considered illegal under the GDPR..
Technology, particularly AI, offers immense opportunities to improve the safety and efficiency of public transport. However, it must be deployed responsibly and in compliance with the current legal framework. This involves a rigorous assessment of risks and benefits, taking into account the rights and freedoms of individuals.
As legal professionals, we face a daunting challenge: balancing technological innovation with respect for the fundamental rights of citizens. It is imperative to ensure that any use of video surveillance in public spaces respects not only GDPR but also reasonable expectations of privacy.
Faced with this complexity, it is crucial not to draw hasty conclusions. Each situation is unique and requires in-depth legal analysis. For this reason, I strongly recommend that affected entities consult a lawyer specializing in data protection law for advice tailored to their specific case.
In conclusion, the integration of AI and video surveillance in public space must be approached with caution and responsibility. The GDPR provides a framework to protect the rights of individuals, but its proper application requires in-depth legal expertise. Consulting a specialist lawyer is therefore an essential step for any entity considering deploying such technologies.
Frequently asked questions
Is it legal to use AI for surveillance in public spaces?
Yes, but under strict GDPR conditions: necessity of a legal basis (public interest, consent), proportionality, and information of individuals. AI must not allow systematic identification without justification.
What are the legal risks for a company using video surveillance with AI?
The company risks sanctions from the CNIL (up to €20 million or 4% of turnover) if it does not comply with the GDPR. It must carry out a data protection impact assessment and appoint a DPO.
Can I film the public road with a private camera?
No, filming public space without authorization is prohibited, except for justified security reasons declared to the CNIL. Images must not be kept for more than 30 days.
What to do if I am filmed without my consent?
You can file a complaint with the CNIL or take the matter to court. The lawyer can help you request the removal of images and damages.
What are the deadlines for legal action for GDPR violation?
The action can be brought within 5 years of the violation. The procedure before the CNIL takes on average 6 to 12 months. A court action can take 1 to 2 years.
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