among the guarantees implemented: the obligation to inform the public of the existence of video
surveillance devices; the possibility given to persons of gaining access to images concerning them
and obtaining the destruction thereof within a deadline of one month; the possibility open to
them of referring the matter to a departmental video surveillance committee; and the destruction
of images after one month. None of these guarantees is applicable in the case of police custody.
It will undoubtedly be pointed out that persons who are in police custody are suspected
of having committed or of intention to commit offences and that they do not deserve the same
consideration as persons peacefully strolling on the public highway. The objection might also be
raised that it is inherent to the very nature of police custody that persons should be under visual
and, if necessary, continuous observation. However, these considerations are all the less relevant
to the question insofar as “suspicion” rarely gives rise to any charges 85, and cameras can also
record the images of persons placed there for reasons of public and manifest drunkenness. The
real question is that of determining whether, as far as the images of persons in police custody are
concerned, the guarantees established by the act of 1978, which as we have just seen are
applicable, are sufficient in terms of the need to reconcile the prevention of risks of assault with
the respect due to persons held in police custody. These guarantees, which for the most part are
contained in articles 41 and 42 of the Act 86, take the form of an indirect right of access (that is to
say through the CNIL on behalf of the applicant) in order to disclose, rectify or delete data. In
the case in question, in view of the time allowed for action, applications of this kind can hardly
consist of anything more than verification by the CNIL that the data has been deleted
(rectification not being relevant in the case of images). However, on the one hand, the deadline
of one month within which images have to be deleted, for which provision is m ade with regard
to images recorded on the public highway and in premises open to the public, is not applicable in
this case, and there is no text providing for such deletion. On the other hand, there are no
guarantees other than the right of access: and yet, in the ruling of 18th January 1995 in which it
judged the law to be more or less balanced, the Constitutional Council singled out seven
guarantees which mutually complemented each other. In this case, persons are not informed of
the use of surveillance equipment; there is no possibility of making applications for access to
images from the managers of such equipment; and there is no departmental committee offering
guarantees of independence to which matters of this kind can be quickly referred. To put it
plainly, this constitutes an imbalance, due in particular to the absence of any provision with
regard to deletion, which is not satisfactory and should no longer be ignored by the authorities.
Finally, in the third place, this impression of imbalance is confirmed by the
observations made concerning practices in police custody facilities,
especially, for the reason that has been stated, in police stations.
When interviewed by the inspectors with regard to the length of time for which images
are stored after being recorded, police officers for the most part express either ignorance on this
point, or hesitation. When a period of time is stated, it varies according to the establishment, or
even according to the person interviewed: thirty-two days, eighteen days etc. In reality, it appears
that nobody knows or is concerned about the system of operation. It is true that one might
assume, conversely, that this uncertainty is a reflection of the rarity with which the recordings
thus made are used. However, with regard to images that concern personal dignity, greater
precision should be required.
Certain behaviours give even greater cause for concern. Having mentioned the rapidity
with which the memory of the video surveillance system installed in a police station became
overloaded, the officers pointed out that in order to make up for this lack of storage space, they
85
Similarly, it should be recalled that only 10% of persons placed in police custody are imprisoned, a percentage that
remains relatively stable.
86
Concerning, in particular, the processing of data relating to public security.
42
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