Nice – current legislation does not permit algorithmic processing of CCTV images of public spaces.

Décision de justice
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The Conseil d’État today ruled that the algorithmic processing of images from CCTV cameras installed at school entrances, as implemented by the municipality of Nice, is not permitted under current legislation. Although video surveillance in public spaces is permitted, the French Code of Internal Security does not authorise the use of algorithms to systematically and automatically analyse the images captured.

In May 2025, the French Data Protection Authority (CNIL) issued a formal opinion on the municipality of Nice's implementing conditions for the algorithmic processing of images collected by video surveillance systems at school entrances during school hours. In its formal opinion, the CNIL specified that current legislation did not permit the implementation of such a system. The municipality of Nice referred the matter to the Conseil d’État to request the annulment of the opinion.

The Conseil d’État noted that the system involves the algorithmic processing of personal data in automatically and continuously detecting in real time the presence of vehicles parked illegally in front of schools during school hours, and alerting the municipal police if necessary.

However, the Conseil d’État ruled that while the French Code of Internal Security allows for the implementation of video surveillance systems in public areas (article L. 251-2), its silence on the use of algorithms that enable the systematic and automated analysis of images collected in public areas cannot be interpreted as authorising them. It also noted that no other legislation authorises the implementation of such processing.

On these grounds, the Conseil d’État ruled that the CNIL had not erred in law and dismissed the appeal lodged by the municipality of Nice.

Read the decision (In French) 

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