What does Code penal 226-1-2, 226-1-consent, 226-1-1 and 226-1-3 require?

Fixing, recording or transmitting the image of a person who is in a private place (lieu prive: a dwelling, hotel room, changing room, private office or any place not open to the public) without that person's consent, with the intention of invading the intimacy of private life, is punishable. Also cited: art. 226-1, rely on presumed consent only where the act was done openly and the person could object, and obtain parental consent for minors; art. 226-1 (1), do not capture, record or transmit words spoken privately or confidentially without the speaker's consent.

Code penal 226-1-2, 226-1-consent, 226-1-1 and 226-1-3

Code penal art. 226-1 (2)Do not fix, record or transmit the image of a person in a private place without their consent

Fixing, recording or transmitting the image of a person who is in a private place (lieu prive: a dwelling, hotel room, changing room, private office or any place not open to the public) without that person's consent, with the intention of invading the intimacy of private life, is punishable. Live transmission is caught as well as recording.

What a reviewer asks to see: Camera register confirming no device covers changing rooms, rest rooms, toilets, private offices used for changing or hotel rooms, with field-of-view checks; Information notices and CSE consultation for workplace cameras in line with CNIL guidance; Consent records (droit a l'image) for images taken in private settings

Where monitoring plans usually fall short: Cameras in staff rest areas or changing rooms justified by theft prevention; Short-term rental hosts with cameras inside the accommodation; Images from private events used in marketing without consent

Source: Penal Code (Code penal), France: article 226-1 (capturing words, images or location in private), read 30 Sep 2026

Code penal art. 226-1Rely on presumed consent only where the act was done openly and the person could object, and obtain parental consent for minors

Where the acts in 1 and 2 were performed in the sight and with the knowledge of the persons concerned (au vu et au su des interesses) and they did not object although able to do so, their consent is presumed. That presumption does not extend to geolocation under 3. Where the acts concern a minor, consent must come from the holders of parental authority, with respect for article 372-1 of the Civil Code.

What a reviewer asks to see: Evidence that recording or filming was visible and announced (signage, on-screen indicators, verbal announcements) and that participants had a real chance to object; Parental consent forms for images, recordings or location of minors; Procedure for handling objections before and during recording

Where monitoring plans usually fall short: Treating silence as consent where the person could not know they were recorded; Presuming consent for location tracking, which the law does not allow; Images of minors in schools or clubs without consent from both holders of parental authority where required

Source: Penal Code (Code penal), France: article 226-1 (capturing words, images or location in private), read 30 Sep 2026

Code penal art. 226-1 (1)Do not capture, record or transmit words spoken privately or confidentially without the speaker's consent

Capturing, recording or transmitting, by any process, words spoken privately or confidentially (paroles prononcees a titre prive ou confidentiel) without the consent of their author, with the intention of invading the intimacy of private life, is punishable. A participant in a conversation is not exempt: the words of the other party are theirs, so recording a private conversation lawfully requires the consent of each person whose words are captured.

What a reviewer asks to see: Procedure for call, meeting and interview recording requiring the consent of every speaker, logged before recording starts; CSE consultation and CNIL-compliant information for any recording tool used on employees; Register of recording tools with the consent mechanism for each

Where monitoring plans usually fall short: Meeting transcription tools switched on without each participant's consent; Customer-service recordings without an announcement that lets the caller object; Covert recording of disciplinary interviews

Source: Penal Code (Code penal), France: article 226-1 (capturing words, images or location in private), read 30 Sep 2026

Code penal art. 226-1 (3)Do not capture, record or transmit a person's real-time or deferred location without their consent

Capturing, recording or transmitting, by any means, the real-time or deferred geolocation of a person without their consent is punishable. Vehicle trackers, mobile device location, badge and beacon tracking and location sharing in apps all fall within it where the person has not consented.

What a reviewer asks to see: Inventory of geolocation capabilities (vehicle trackers, mobile device management, apps, badges) with the consent or legal basis for each; Employee information and CSE consultation for vehicle and device tracking in line with CNIL guidance, with the ability to disable tracking outside working time; Consent records for consumer location features

Where monitoring plans usually fall short: Vehicle trackers active outside working hours on vehicles employees may use privately; Location tracking in a family or employee app enabled by default; Trackers placed on a person's vehicle in an investigation

Source: Penal Code (Code penal), France: article 226-1 (capturing words, images or location in private), read 30 Sep 2026