According to the State Council, the processing of biometric data under the future Alicem application is completely legal and legitimate. La Quadrature du Net tried in vain to prevent the introduction of this technology developed for smartphones. On November 5, the members of the State Council rejected the association’s motion submitted in July 2019.
Alicem will see the light of day in the coming months
For better understanding, Alicem is a facial recognition system that allows a user to connect to French public services such as the Tax Office, Health Insurance, Ameli, CAF, etc. The French government has decided to use this technology to ensure a high level of security about the person’s identity. A connection solution that can be accessed thanks to FranceConnet, a system already in place to facilitate the connection of French people to these services. The facial recognition device was quickly criticized, but Alicem will most likely see the light of day.
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For La Quadrature du Net, this system left no individual with any other solution. Face recognition is authentic. Indeed, if the user refuses to use this technology, he cannot go any further with Alicem. The CNIL joined La Quadrature du Net by stating that this device does not comply with the RGPD (General Data Protection Regulation).
According to the National Commission for Information and Freedoms: “Consent is likely to be valid only if the data subject has control and real choice over the application with the ability to refuse without prejudice”. However, more than a year after La Quadrature du Net was appealed, the Council of State decided to reject the application as there was no subject of approval. The court determines that facial recognition is Alicem’s right to exist. Without this biometric processing, the device would be meaningless.
The State Council rejects the association’s appeal
We can read these words in the report of the State Council: “The documents in the file do not indicate that there were any such codes for the creation of electronic identifiers [lors du recours] other means of fully dematerialized authentication of the user’s identity by providing the same guarantee as the facial recognition system. Consequently, this employment must be considered necessary for the purpose of this processing. “
Alicem technology is subject to the eIDAS regulation. This means that the system wants to offer a high level of guarantee to its users. Specifically, Alicem plans to prevent the abuse or change of identity, according to statements by the Interior Ministry. However, La Quadrature du Net had proposed an alternative to facial recognition to enable verification of digital identity: a face-to-face conversation with an officer. A proposal that is deemed ineffective and too expensive.