On June 2, 2025, Maître Florent de Franceschi, attorney at the DAMY Law Firm, appeared live on BFM Côte d’Azur to comment on the decision issued by the Commission nationale de l’informatique et des libertés (CNIL) concerning the algorithmic video surveillance systems installed in front of schools in the City of Nice.
The CNIL requested the deactivation of 77 so-called “augmented” cameras, considering that they violated French and European data protection laws, particularly by conducting real-time automated analysis of human behavior.
During the interview, Maître de Franceschi recalled that:
- Any real-time algorithmic behavioral analysis system constitutes a processing of personal data, subject to the requirements of the GDPR (Regulation EU 2016/679);
- Such processing must be based on an explicit legal basis, in accordance with Articles 5 and 6 of the GDPR;
- No existing legislation currently authorizes a municipality to implement such a system in public spaces;
This type of system also contradicts the principles set forth in the French Data Protection Act of January 6, 1978, particularly Article 1, and the right to privacy guaranteed by Article 9 of the French Civil Code, which has been recognized as having constitutional value.
The consistent case law of the French Council of State (notably decision no. 451423 of December 22, 2022 regarding drones) reaffirms that any algorithmic image processing in public spaces must be prescribed by law, necessary for a legitimate purpose, and proportionate.
The DAMY Law Firm emphasizes that security concerns must never override fundamental freedoms outside a clear legal framework. While a parliamentary debate on the regulation of such technologies is legitimate, predictive automated surveillance of human behavior in public spaces cannot precede the law.
This case highlights the need for a structured legal debate on the use of artificial intelligence in public security, particularly when it involves sensitive areas such as the surroundings of educational institutions.
Watch the full interview with Maître Florent de Franceschi on BFM Côte d’Azur:
