“Augmented” cameras in tobacco shops: the CNIL clarifies its position

On July 11, 2025, the French Data Protection Authority (CNIL) published an update on the use of “augmented” cameras to estimate the age of customers in tobacco shops. Presented as a tool to prevent the sale of tobacco to minors, these devices raise serious questions about compliance with the legal framework and user rights.[1].

Facial recognition technology for preventive purposes

The so-called "augmented" cameras being tested in tobacconists rely on artificial intelligence technology designed to estimate the apparent age of customers based on their faces. Unlike traditional video surveillance systems, these systems don't just record an image: they process it in real time to use an algorithm to assess the likelihood that the individual is an adult or a minor. The information generated is translated into a simple visual signal (green or red) intended to alert the tobacconist, without providing them with personally identifiable information.

The system is presented by its promoters as a technological response to the difficulties encountered by tobacconists in age control, particularly when customers refuse or forget to present an ID. The stated objective is to streamline checkouts while reducing illegal sales to minors, which remain a major public health issue. According to the designers, it is also intended to ease the pressure on retailers, who can be sanctioned if they fail to comply with the ban on sales to minors.

The technology is intended to comply with the General Data Protection Regulation (GDPR): no images would be stored, no recordings would be made, and no data would be transferred to an external server. The analysis would be performed entirely locally on the device. However, the CNIL (French Data Protection Authority) points out that even in the absence of storage or transmission, this type of biometric analysis constitutes sensitive personal data processing, requiring strict supervision and clear legal justification.

Significant risks to individual freedoms

While the purpose of protecting minors is recognized as legitimate, the CNIL warns of the numerous risks posed by these facial analysis technologies, particularly when deployed in publicly accessible locations. The use of automated facial recognition, even for age estimation purposes, constitutes a particularly sensitive processing of biometric data. This type of processing, by its nature intrusive, raises major issues in terms of privacy protection, respect for consent, and control over one's own data. This objection appears all the more relevant given that the systems currently implemented by tobacconists do not require prior customer consent, as is the case in the Netherlands.

One of the first reasons for concern is the lack of a specific legal basis governing this type of device in a commercial context. According to the CNIL, public health concerns alone are not enough to justify widespread use of such intrusive technologies without a clear, proportionate, and time-limited legal framework. It points out that real-time biometric analysis can only be authorized in exceptional circumstances and under very strict conditions defined by European law.

The CNIL also highlights the risk of algorithmic bias. Age estimation systems can have significant margins of error depending on the type of face, particularly based on age, gender, or ethnic origin, which could lead to indirect discrimination. A person wrongly perceived as a minor could be refused a legal sale, while a minor perceived as an adult could circumvent the control, thus reducing the effectiveness of the system.

Above all, the CNIL reminds us that these devices cannot replace the legal obligation incumbent on tobacconists: to systematically check the age of any customer whose majority is not evident. Given the objective pursued: to prevent the sale of a tobacco product or vaping to a minor, the legislator has already provided all the legal provisions to ensure that tobacconists have the capacity to fulfill their obligation to refuse sales to a minor. According to mystery shopper surveys conducted by the National Committee against Smoking (CNCT), two-thirds of tobacconists continue to sell tobacco to minors, in violation of the law. The introduction of these tools can only be a tool. The obligation of result remains: the refusal of sale, which is strictly the responsibility of the seller. Thus, automated controls must not be used to delegate or automate a legal responsibility that remains entirely human.

The CNIL (French Data Protection Authority) is discussing a potential technological alternative: the "mini-wallet." This device, developed by the European Commission and currently being tested, would allow customers to prove that they are adults without disclosing any other personal data, using a digital proof-of-age tool without transmitting their identity.

Finally, the introduction of these devices in places of everyday consumption raises a broader question of the trivialization of surveillance. Their widespread use could contribute to a form of passive acceptance of intrusive technologies in public spaces, without citizens being truly aware of the implications or having the means to exercise their rights. The CNIL therefore insists on the absolute necessity of guaranteeing total transparency towards customers, clear information on how the system works, and an effective possibility of recourse in the event of a dispute.

©Generation Without Tobacco

AE

[1] Position paper, “Augmented” cameras to estimate age in tobacco shops: the CNIL clarifies its position, CNIL, published on July 11, consulted the same day