2024-07-17 15:20:52
More than three years Following our appeal, the administrative court of Orléans has just confirmed that the algorithmic audio surveillance (ASA) installed by the current town hall of Orléans – microphones installed in public spaces and coupled with video surveillance, intended to detect so-called abnormal situations – is illegal. This judgment constitutes the first victory in the courts in France against this type of sound surveillance and constitutes a strong reminder of the requirements in terms of fundamental rights for other municipalities which might be tempted by such devices.
A slap in the face for Orléans and Sensivic
The city of Orléans and the company Sensivic were reminded of the harsh reality: deploying microphones in public spaces to monitor the population is not legal. Sensivic’s allegations of a so-called “GDPR compliant” product and the wild ideas of Orléans in defense to make people believe that it was only a harmless ” air vibration detector ” will have been of no use.
In its judgment, the administrative court is severe. It begins by debunking the argument of the municipality which claimed that there was no processing of personal data, recalling that the microphone devices coupled with the video surveillance cameras ” collect and use information relating to persons who may, by means of the cameras with which they are coupled, be identified by the operator ” He then naturally draws the conclusion that this device is illegal because it has not been authorized by law.
But the administrative court goes further. While the deputy of the commune of Orléans in charge of security, Florent Montillot, affirmed without flinching that this surveillance would allow ” save lives “, justice sets the record straight: ” has […] assume [le dispositif d’audiosurveillance algorithmique] useful for the exercise of police powers entrusted to the mayor […]it cannot be regarded as necessary for the exercise of these powers “. In other words: “usefulness” does not mean proportionality or legality in terms of surveillance. This goes against all the political discourse deployed in recent years which consists of declaring legitimate everything that would be requested by the police as long as it is useful or simpler on the ground. This has been the justification for the various laws of recent years such as the Global Security law or the LOPMI.
A warning for the Technopolice
This judgment is a warning to the promoters of this increasingly unbridled surveillance of public spaces. While algorithmic video surveillance (VSA) remains the most commonly used technology – illegally, except unfortunately within the framework of the JO law – algorithmic audio surveillance (ASA) is not far behind. Before the surveillance in Orléans by Sensivic, it was found in Saint-Étienne thanks to an ASA device developed by Serenicity that the CNIL had heavily criticized and had it stopped.
With this judgment, the administrative court of Orléans not only declares the ASA illegal: it also considers that a contract between a municipality and a company to set up this type of surveillance can be attacked by an association like La Quadrature. This element is far from being a procedural detail, while municipalities like Marseille have been able in the past to escape the legality of their surveillance by playing on the very restrictive rules of contract disputes.
The question of coupling ASA with traditional video surveillance
In September 2023, the CNIL, which we had contacted in parallel with the Orléans Administrative Court, considered that this ASA was illegal since it was coupled with video surveillance because of the possibility of ” reidentify ” people. But she added that she no longer found anything to complain about since the Orléans system was decoupled from local video surveillance. An analysis that we contested before the Orléans Administrative Court1.
In its judgment, the administrative court of Orléans did not explicitly consider that the Orléans ASA would not be data processing if it were no longer coupled with video surveillance. Since it was dealing with the legality of the agreement between Sensivic and Orléans, which provided for this coupling, it limited itself to saying that the ASA and video surveillance system was illegal.
In any case, this point is secondary: algorithmic audio surveillance requires, by its nature, to be coupled with an additional source of information to process the alert issued. Whether by coupling with video surveillance or by indicating to police or security officers to go to the place where the event was detected, the ASA will always aim to determine the reason for the alert, therefore to identify the people. It is therefore illegal by nature.
State laissez-faire in the face of clearly illegal technology
However, it is impossible to ignore the slowness of the administration (here, the CNIL) and the justice system in the face of the security industry’s clearly illegal surveillance systems. Even though a similar system had been explicitly and very clearly sanctioned in Saint-Étienne in 2019, Sensivic was able to easily conclude an agreement to install its microphones boosted with artificial intelligence. It took a double referral from La Quadrature to put an end to this project.
Such a file proves that the security industry does not care about the law and the protection of freedoms, that it is ready to do anything to develop its market and that the State and the world of start-ups are happy with it. How could Sensivic, with such obviously illegal technology, have to harvest 1.6 million in 2022, part of which is due to the BPI (Public Investment Bank)? An explicit ban on these surveillance technologies is the only possible and sustainable path.
This judgment remains an unequivocal victory. It heralds, we hope, other successes in our legal fight against the Technopolice, notably in Marseille where our challenge to the VSA is still being judged before the administrative court of appeal. So to help us continue the fight, you can contact us make a donation or mobilize you in your city.
References
- See our October 2023 observations et those of January 2024.
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