A significant extension of surveillance powers
The French tax administration and customs can now access content published on the main social networks, including:
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Instagram
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Facebook
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TikTok
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X (formerly Twitter)
This new measure, introduced by a decree of December 31, 2024, considerably extends the digital surveillance system put in place in 2021.
You can find the text of the decree here.
Why this surveillance extension?
The 2021 decree, based on article 154 of the finance law for 2020, already authorized the collection of public content accessible without password or registration. However, platforms requiring an account were excluded. With this new regulation, this restriction is lifted, allowing authorities to directly investigate content shared on social media.
The main objective is to detect and prevent the following offenses:
The key role of artificial intelligence (AI)
The system relies on detection models based on machine learning to automate fraud detection. These systems analyze information such as publication dates and times or the geolocation of content.
To avoid any abuse, however, several strict restrictions govern this system:
- Targeted offenses: only certain specific offenses are covered.
- Quick Data Deletion: unused information is deleted within five days.
- Limited access to public content: only content made public by their authors is accessible.
Guarantees for the protection of personal data?
The National Commission for Information Technology and Liberties (CNIL) has deemed this system compliant in terms of protection of personal data.
The main guarantees include:
- Ban on private messages : private conversations remain strictly excluded.
- Clear identification of agents: administrative agents must use accounts identified as belonging to the administration.
- Exclusion of certain platforms: data from dating or health applications is excluded.
What Impacts for Users?
Users should be aware that their public posts on social media may be reviewed within a framework strictly defined by law. Suspicious content such as advertisements or photos linked to undeclared economic activities may be subject to investigation. This measure marks a major development in the fight against fraud in the digital age. Thanks to the guarantees put in place by the CNIL, users maintain protection over their sensitive data while allowing the authorities to adapt their surveillance means to current technological realities.
