Quadrature du Net: the adopted RIPOST law significantly strengthens surveillance and control measures in France

The RIPOST law, recently validated by the Constitutional Council, significantly extends police and administrative surveillance measures in France.

Article 50 of the law extends the experimentation of algorithmic video surveillance (AVS) until 2030. Initially limited to specific events, its scope is expanded to the surroundings of publicly accessible places deemed particularly exposed to risks of terrorism or serious threats to security. The authorization duration for this surveillance is set to three months, renewable indefinitely. A proposal to legalize AVS in supermarkets, already deemed illegal by the Council of State and the National Commission on Informatics and Liberty (CNIL), was however rejected.

Articles 44 and 45 strengthen surveillance by automatic number plate recognition (ANPR). The retention period for collected data is extended to one year. It becomes possible to consult travel history outside of any judicial investigation. Access to city and parking cameras is facilitated, and intelligence services are authorized to perform algorithmic analysis of this travel data.

A new identity control regime is established by Article 35. Certain police and gendarmerie officers can now, without prosecutor requisition, check identities and search vehicles and luggage within a 40-kilometer perimeter at borders, as well as in train stations, airports, and international trains. This measure aims to prevent certain offenses related to organized crime.

The use of body-worn cameras is extended. Article 47 authorizes their use by customs officers. Article 53 establishes a three-year trial for their deployment by private security agents. However, the Constitutional Council censored the provision that planned to equip highway managers with them.

Article 54 removes the obligation to record video surveillance images within custody and customs detention cells, which was previously inscribed in the Internal Security Code.

The use of drones by law enforcement is also expanded. Article 7 authorizes their use for the prevention of serious traffic offenses. Additionally, Article 42 creates an emergency procedure allowing the prefect to authorize drone use without prior formalities, by any means, provided a formal authorization is published within the following hour.

Finally, new authorizations for image capture are granted. Article 47 allows road network managing agents to use onboard cameras in their vehicles for five years to prevent and analyze accidents. Article 43 renews an experiment of front-facing cameras on trains for similar purposes.

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