The personal data gendarme has ordered the police to stop ” without delay “ any drone flight equipped with cameras until a normative framework is put in place, the CNIL said in a press release on Thursday.
The Council of State, the highest administrative court, had already ordered in December to cease the use of drones to monitor demonstrations and recommended that a legal framework be developed for the use of these devices.
This time, following a control procedure initiated in May 2020, the restricted formation of the CNIL, which cannot impose fines against the State, “Called to order the Ministry of the Interior for having carried out the flights of drones equipped with cameras outside any legal framework”.
The Commission ” therefore asks the Ministry to cease all drone flights until a regulatory framework authorizes such processing of personal data or until a technical system preventing any identification of persons is implemented ”.
A practice soon to be regulated by law
In a press release, the ministry ” takes note of this decision, the terms of which it will respect “. He also underlines that article 22 of the text on “global security », which will be examined by the Senate in March, provides for such a device.
This text provides for authorizing the use of drones during demonstrations ” when the circumstances give rise to fear of serious disturbances to public order ” and has been the subject of strong criticism from associations for the defense of freedoms.
The ministry more generally uses this type of drones for ” verify compliance with containment measures, for monitoring events, for judicial police missions or even for monitoring urban rodeos ”.
During an inspection, the CNIL found that the people filmed were likely to be identified, which, under the Data Protection Act, must be provided for by a legislative or regulatory text and require an impact study.
« The public was also not informed about the use of drones as it should have been ”, added the commission, and the mechanism of blurring of the faces set up in a second step ” does not necessarily prevent the identification of people when the services of the Ministry of the Interior are able to deactivate (it).
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