The French Olympics law (see more information here) which allows for invasive AI surveillance was passed by French Parliament on 23 March 2023 and adopted on 12 April 2023. Following this, the law was referred to Le Conseil constitutionnel Français (French Constitutional Council) on 17 April, with a deadline of 17 May 2023 to issue a judgement on the constitutionality of the algorithmic video surveillance measures.
In consultation with experts from La Quadrature du Net and the International Network of Civil Liberties Organizations we have developed an amicus curiae (external contribution), which has been sent to Le Conseil constitutionnel. Within this document, we provide detailed argumentation as to why we believe the law is unconstitutional.
The amicus curiae, which was sent to the Conseil on the 24 April, has been signed by 8 civil society organisations:
- European Center for Not-for-Profit Law
- Privacy International
- International Network of Civil Liberties Organizations and five INCLO members:
- Legal Resources Centre (South Africa);
- International Council Civil Liberties (Ireland);
- Agora (Russia);
- Egyptian Initiative for Personal Rights;
- Canadian Civil Liberties Association.
The amicus was prepared by Kirill Koroteev, Head of International Practice at Agora International Human Rights Group, with review and contributions from signatories.
See also La Quadrature du Net’s contribution here.
Update as of 17 May 2023:
On 17 May the French Conseil constitutionnel issued their judgement.
The court did not find any violations of constitutional rights when it comes to the use of algorithmic video surveillance during and after the Olympics, despite our arguments presented in the amicus curiae. The only safeguard that the court included in the judgement is that the permission to use algorithmic video surveillance should be renewed every month. This, however, does not address the core of the problem being lack of necessity or proportionality of this measure.
The concerning aspect of the judgement is that the court explicitly confirmed that the legislature could authorise this type of surveillance and empower the executive to determine its criteria through a governmental decree. At the same time, the decree which will specify the situations and conditions in which surveillance can be used will most likely be subject to judicial review before the Conseil d’Etat – the highest administrative court in France.
Together with our partners we will continue monitoring the implementation of the Olympics law and support them in additional legal challenges.