Key Takeaways
- French penal code criminalises covert recording with AI‑enabled glasses, punishable by fines up to €45,000 and imprisonment
- The EU’s pending AI Act aims to standardise rules for high‑risk surveillance AI, potentially affecting French enforcement
- Businesses may need to redesign or withdraw non‑compliant glasses ahead of the EU Parliament’s 2027 vote
According to The Local, French authorities treat AI‑powered smart glasses capable of surreptitious filming as illegal under existing privacy provisions. Articles 226‑1 and 226‑2 of the French Penal Code criminalise the capture of images or audio in a private setting without consent, and recent judicial guidance extends these rules to devices that employ artificial‑intelligence to identify or track subjects covertly. The publication notes that the law applies irrespective of whether the glasses are sold as consumer gadgets or specialised equipment, and violations can attract fines up to €45,000 and up to two years imprisonment. The French stance sits within a broader European push to regulate artificial‑intelligence tools. The European Commission is finalising the AI Act, which classifies certain surveillance‑oriented AI systems as “high‑risk” and proposes conformity assessments, transparency obligations and market‑monitoring mechanisms. If adopted, the directive would create a harmonised framework across the EU’s single market, limiting the import and sale of non‑compliant devices while giving member states like France a clearer legal anchor for enforcement. The draft also contemplates coordinated cross‑border investigations to combat illicit recording practices that transcend national borders. For citizens, the current French regime means that owning or using such glasses without explicit consent can lead to criminal prosecution. Retailers and manufacturers face the prospect of product bans, mandatory labelling and possible recalls should the AI Act be enacted, which the European Parliament is expected to vote on in early 2027. Policy makers will need to balance innovation incentives with privacy safeguards, while courts are likely to see an increase in cases testing the interaction between national privacy rules and forthcoming EU AI legislation.
Source: The Local. Read the original report ↗