CNIL bans the use of smart cameras in tobacco shops to calculate customers’ age

The French National Commission for Information Technology and Civil Liberties (CNIL) recently declared artificial intelligence-enhanced cameras used in tobacco shops to estimate customers’ ages illegal. These systems, designed to prevent the sale of alcohol or gambling to minors, relied on an algorithm that analyzed faces. However, the CNIL ruled that these devices did not meet the necessity and proportionality criteria required by the European General Data Protection Regulation (GDPR), given that they cannot provide a reliable estimate and that tobacconists are already required to require proof of age. This decision highlights the limitations of AI in contexts requiring absolute reliability. Augmented Cameras and the CNIL Ban: Analyzing the Context and Consequences French tobacconists were seeing the proliferation of augmented cameras that estimated customers’ ages using artificial intelligence to prevent the sale of prohibited products to minors, such as alcohol and gambling. However, the CNIL, the French data protection authority, ruled on Friday, July 11, that the use of these devices was illegal, denouncing in particular their unreliability and their non-compliance with the General Data Protection Regulation (GDPR). Reasons for the smart camera ban**The CNIL’s decision is based on several arguments. First, these augmented cameras use algorithms to analyze faces and estimate a person’s age. However, the commission emphasizes that these estimates are subject to errors, and that no certainty can be given as to the actual age of the individuals being assessed.**Furthermore, the CNIL emphasizes the unnecessary and disproportionate nature of this surveillance tool. Indeed, regulations already require tobacconists to request proof of age, making the use of such intrusive technologies unnecessary. The impact on tobacconists and data protection issues This ban by the CNIL raises questions about the integration of facial recognition technologies into daily business practices. Tobacco shops looking for ways to comply with regulations on the sale of prohibited products to minors are now seeing some of these solutions dismissed due to privacy and data protection concerns. The institution highlights the need, before any deployment, to demonstrate that the use of a device is both essential and appropriate. In this case, the use of augmented cameras to assess age does not meet these criteria, which justifies their ban. The Future of Augmented Technologies in the Face of the GDPR The CNIL’s decision could have broader implications for AI-based technologies. This ban demonstrates the need for careful attention to personal data protection and underscores the need for any innovation to be carefully evaluated to ensure its compliance with the GDPR. Artificial intelligence companies and developers must be cautious in implementing their technologies to avoid contravening increasingly strict regulations. This situation serves as an important reminder of the responsibility of technology developers to balance innovation with respect for individuals’ fundamental rights regarding their private data.

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