In a decision dated 27 February 2020, the French Administrative Court of Marseille invalidated the deliberation of the Provence-Alpes-Côte d’Azur Regional Council which allowed to set up, on an experimental basis, a facial recognition mechanism in two high schools in order to (i) better control and speed up entry of students into the high schools and (ii) control access to premises of occasional visitors. This decision is important as this is the first administrative court decision in France about facial recognition.
The French Data Protection Authority has recently released new guidelines (French only) regarding human resources processing operations. When the GDPR became effective, the CNIL’s previous set of HR Data guidelines became out of date as they did not incorporate new law’s requirements (e.g. obligations relating to records of processing activities and Data Protection Impact Assessments). These new guidelines replace several older HR guidelines issued by the CNIL, including and in particular the well-known Simplified Norm NS-46 and the Notification Exemption for payroll, both of which are no longer applicable.
The French Data Protection Authority published new Guidelines on December 10, 2019 applicable to whistleblowing schemes, following a public consultation process. The Guidelines replace the former Single Authorization AU-004, which has not applied since arrival of the General Data Protection Regulation. The CNIL has also published a useful Frequently Asked Questions webpage regarding the Guidelines. The CNIL’s new Guidelines import certain aspects of its former position on whistleblowing schemes.