The Compliance of Facial Processing in France with the Article 9 Paragraph 2 (a) (g) of (EU) General Data Protection Regulation

Abstract

The legal identity of individuals is critical in digital ecosystems, and biometric systems play a vital role in verifying identities throughout their lives. However, these systems also pose significant risks and require responsible use. The European Union has established a digital strategy to create a trusted and secure digital identity, setting a global standard for technological development in identification. In line with the General Data Protection Regulation Article 9(1), member countries must justify any exceptions to the rule provided. France has taken a leading role in using unique identification legally, implementing digitally processed attributes such as facial recognition through the Alicem application on smartphones to identify individuals in a digital environment, and improving e-services uniquely. Specifically, the article analyses the General Data Protection Regulation Article 9, paragraph 1, and the exceptional conditions outlined in paragraph 2 (a) (g) along with scrutinized legislation in France of Decree n°2019-452 of 13 May 2019, which authorized the use of unique identification known as ‘Certified Online Authentication on Mobile.’ The research recommends that EU member countries taking approaches to introduce GDPR Article 9 into national legislation should consider their citizens’ specific needs and concerns while aligning with the European Union law because it is critical to balance the benefits of biometric systems with the risks posed to personal data protection, ensuring that their responsible use contributes to a secure and trustworthy digital ecosystem.