On May 19, 2023, France enacted Law No. 2023-380 to establish a comprehensive legal framework for the 2024 Olympic and Paralympic Games, which are scheduled to be held in Paris and several other cities from July 24 to September 8, 2024. This legislation is the culmination of a series of parliamentary amendments and includes legal provisions affecting various aspects of the Games.
Enhanced Security Measures
One of the most significant provisions of this law is the implementation of enhanced security for the 2024 Olympic Games. Article 10 of the law authorizes French law enforcement authorities to experiment with intelligent video surveillance until March 31, 2025. This video surveillance, facilitated by artificial intelligence (AI) through “augmented cameras,” will detect “predefined events,” such as crowd movements, an abandoned bag, or suspicious behavior, in real time. Images collected by authorized video protection systems or aerial cameras may be subject to algorithmic processing. Article 10 does not establish a new legal foundation for the collection of images, the installation of surveillance cameras in public spaces, or the use of drones to monitor these areas. These activities are already subject to regulation in the Internal Security Code, specifically under articles L.251-1 and subsequent provisions for surveillance cameras. As the existing provisions did not permit the algorithmic processing of captured images, however, the law has introduced a legal basis for this specific purpose.
The law expands interagency coordination, including between Paris Transport Authority (RATP) and National Society of the French Railways (SNCF) agents, who will have access to an expanded range of video surveillance images within the Île-de-France region transport system. The responsibility for maintaining public order in the Paris Region during the Games now falls exclusively upon the Paris police prefect for the duration of the Olympic Games.
To bolster security at the Games, the law also introduces a “screening” procedure applicable to participants in major events, such as athletes, media personnel, and sponsors. It also permits the use of body scanners at entry points to stadiums and other venues accommodating more than 300 individuals, a security technique commonly found in airports. Additionally, trespassing within sports stadiums or on sports fields, whether committed individually or as part of a group or as a repeat offense, is subjected to more stringent penalties during the Games, with the aim of preventing potential violence.
Safeguards for Data Collection
The new law comes with safeguards for data collected for security purposes. Experimental processing under this law is required to adhere to the provisions set forth in Regulation (EU) 2016/679 concerning the protection of personal data, as well as Law No. 78-17 of 1978 on information technology, files, and freedoms.
Article 10 of the law explicitly outlines limitations on the treatment of collected data — namely, prohibiting the use of biometric identification systems, the processing of biometric data, and the implementation of facial recognition techniques. The scope of such processing is restricted to the reporting of “predefined events” and is not intended for individual decision-making or the initiation of legal proceedings. Nevertheless, in accordance with articles 230-6 and R.40-26 of the French Criminal Procedure Code, the French police have the authority to perform post-event facial recognition for criminal investigations using photographs of individuals stored within a criminal police database known as TAJ (Traitements des Antécédents Judiciaires). Article 10 does not introduce any modifications to these regulations. Consequently, the images captured by surveillance cameras remain eligible for retrospective facial recognition under the stipulations of the Criminal Procedure Code despite the limitations outlined in article 10 of the law.
Further, the authorization for deploying “augmented cameras” is contingent upon the review and approval of the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés, CNIL). Moreover, the French Constitutional Council has issued a conditional endorsement, reserving the right to revoke it if the necessary conditions that justify the authorization to use this new surveillance technology are no longer being met.
To maintain transparency and public awareness, the law mandates public disclosure of the use of algorithmic processing on images collected by video protection systems and aerial cameras, except in cases of extraordinary circumstances or conflicting objectives. General information about this usage is disseminated by the minister of the interior.
Prepared by Louis Gilbert, Law Library Legal Research Fellow, under the supervision of Kelly Buchanan, Chief, Foreign, Comparative, and International Law Division II
Law Library of Congress, November 16, 2023