Yesterday, we achieved a great victory before the Grenoble administrative court! In La Quadrature du Net vs the city of Moirans, Isère, we obtained a decision recognizing the illegality of Briefcam’s algorithmic video surveillance software. The court ordered the town to immediately stop using the software.
Briefcam’s software has been set up in a large number of French cities in total secrecy. Technically, it enables to put algorithmic filters on CCTV footage in order to track or find people on the basis of their appearance, clothing, gender or even their face through facial recognition. For years, we have been denouncing the dangers of algorithmic video surveillance (AVS), which constitutes an ineffective tool used above all to control people in public spaces. At the same time, we have constantly drawn attention to the fact that such software is completely illegal and that public authorities are just closing their eyes on it.
For example, we have recently criticized the CNIL’s decision to rescue the French police and gendarmerie, who had been using this software since 2015 and 2017 without having declared it. In its recent legal position, the CNIL validated their far-fetched legal interpretation to permit their use of this software when it comes to judicial investigations.
In this case against the use of Briefcam in Moirans, the CNIL had opportunely intervened a few weeks before the hearing to assert that Briefcam would be legal if used by a municipality to respond to judicial requisitions. The Grenoble’s administrative court decision, however, contradicts this position head-on: it considers that the Briefcam software involves a disproportionate processing of personal data that is not provided for by the law, including in the specific case of judicial investigations.
This ruling is an unprecedented victory in our fight against algorithmic video surveillance. In cities such as Saint-Denis, Reims and Brest that chose to implement this type of algorithmic surveillance, people can now legitimately call for it to be stopped immediately. The political and economic promoters of Technopolice must face reality: their desire to monitor and control the population has no place in our society. The CNIL now has no choice but to admit its mistake and take sanctions against any local authorities that would keep on using such algorithmic video surveillance.
We have been able to bring this fight to a successful conclusion today thanks to your donations and support. And we still need your help to continue tomorrow!