France’s Surveillance Bill Expands Amid Privacy Debates
French legislators have given their nod to a bill that seeks to enhance the capabilities of intelligence services to monitor online networks. This has reignited discussions concerning the democratic oversight of such agencies.
Following the terrorist attacks in 2015, France introduced a comprehensive Intelligence Law, empowering its intelligence services to deploy devices on telecom infrastructures. These devices utilize algorithms to identify suspicious online behavior. Originally, this surveillance was limited to detecting potential terrorist activities. However, the recent vote aims to extend the Intelligence Law’s scope to include foreign influence, with the Senate expected to deliberate on the bill in April.
Critics, including Noémie Levain from the French digital advocacy group La Quadrature du Net, have voiced concerns over the potential threats this new foreign interference bill poses to privacy and civil liberties. The secrecy surrounding the surveillance algorithms, which are not open to public scrutiny, is particularly alarming. In 2020, La Quadrature du Net’s lawsuit against the French government over the Intelligence Law was unsuccessful. The Court of Justice of the EU did affirm the use of automated analysis for national security threats but emphasized the necessity for independent authority reviews, such as those by a privacy watchdog.
The Intelligence Law underwent a review in 2017 and was permanently enacted in 2021, with the French data privacy authority CNIL providing opinions on the implementing decrees. The initial draft of the new foreign influence bill lacked sufficient checks and balances, prompting MP Philippe Latombe to propose an amendment empowering the CNIL to review the implementing decree. Although the algorithm’s workings would remain confidential, the CNIL’s opinion would be public, aiming to offer democratic assurances to opposition parties.
Opposition to the bill has been strong, with MP Élisa Martin criticizing the vague definition of foreign influence within the draft, which conflates various forms of foreign interference. Martin’s amendment calls for a halt to the expansion of ‘technopolice’, a term referring to the increasing use of surveillance technologies over the past decade. This debate underscores the ongoing tension between national security needs and the protection of individual privacy rights, highlighting the need for a balanced approach that respects democratic principles and civil liberties.
Source: France’s latest foreign interference bill questions democratic control over surveillance services
