France: Issued CNIL guidance on CNIL guidance on AI-powered cameras in passenger compartments of freight vehicles compliance with personal data protection rules

On 19 November 2024, the National Commission for Information Technology and Civil Liberties (CNIL) issued a guide addressing the deployment of AI-powered cameras in freight vehicle passenger compartments. These cameras, which analyse driving behaviour to detect risks such as fatigue or distractions, aim to enhance road safety. However, their use must align with privacy regulations, as the right to privacy, including in the workplace, is protected under Article L. 1121-1 of the Labour Code. The guide specifies that employers implementing such systems must ensure measures are proportionate, justified, and compliant with data protection laws. The guide outlines that only data necessary for generating alerts may be processed, and any images or technical data, such as timestamps or geolocation, should not be retained after the alert. CNIL emphasises that employers must base data processing on their legitimate interest in ensuring safety, as consent or contractual necessity are not appropriate legal bases in this context. Employers are also required to conduct data protection impact assessments (DPIAs), inform employees about the system’s purpose and operation, and consult employee representatives when applicable. These measures aim to balance the safety objectives with the protection of drivers’ personal data and privacy rights.