The association Quadrature du Net and the Human Rights League have filed an emergency appeal against the deployment of surveillance drones by the Paris police headquarters, requesting that "this illegal device" cease. "Since the start of the confinement, the police have claimed to be assisted by drones to combat the offenses," say the applicants. These drones are used in particular to "identify offenders, guide ground patrols and film people escaping from the police", in "the absence of any specific and appropriate legal framework", they say.
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The associations, which campaign for the protection of personal data and fundamental rights, have seized the administrative court of Paris of a "summary of freedom" which will be examined quickly but not in hearing, as allows the procedure, indicated Monday l lawyer for La Quadrature du Net, Alexis Fitzjean O Cobhthaigh.
"Serious invasion" of privacy
The applicants note a "massive and unprecedented" use of drones since the start of confinement, imposed on March 17 in France to combat the spread of the coronavirus. "According to a senatorial report, between March 24 and April 24, the national police triggered 535 thefts of drones, 251 of which were surveillance," they say, noting that in April, "the Interior Ministry also published a tender for the acquisition of more than 650 new drones to more than double its fleet. "
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This deployment "takes place in the absence of any specific legal framework regarding the use of filmed images" (deadlines for deleting images, limitation of access, etc.), thereby bringing about "serious and manifestly illegal damage". "to the right to privacy and the protection of personal data, according to the text of the appeal.
Jurisprudence of 1995
The applicants stress that it is up to the legislator to define a legal framework for the use of such a device - as was the case for video surveillance on the streets or on-board cameras during police operations.
They recall the case-law of the Constitutional Council, which ruled in 1995 that "video surveillance systems ensuring the transmission and recording of images taken on the public highway implemented by the public authorities" should be accompanied by guarantees likely to safeguard the exercise of freedoms.