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European Review of Digital Administration & Law
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European Review of Digital Administration & Law

The Conseil d’Etat Finds the Use of Facial Recognition by Law Enforcement Agencies to Support Criminal Investigations “Strictly Necessary” and Proportional

DOI:  10.53136/979122180078414
Pages: 159-165
Publication date: December 2022
Publisher: Aracne
In this case the French supreme Administrative Court (Conseil d’Etat) was seized by a French NGO called ‘La Quadrature du Net’. The NGO asked the Court to overturn the French Prime Minister’s implicit decision to refuse to repeal some provisions of Article R 40-26 of the French Code of Criminal Procedures which enable the use of Facial Recognition by Law enforcement authorities to support criminal investigations. The Court dismissed this claim, arguing that these provisions are strictly necessary and proportionate to the aim pursued and thus compliant with the law enforcement directive.
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European Review of Digital Administration & Law / Erdal