mardi, décembre 05, 2006

Le droit de la biométrie : entre sécurité et liberté

Discipline scientifique à part entière, la biométrie a fait irruption récemment dans le champ social et politique provoquant ainsi une salutaire prise de conscience des médias et de l’opinion sur l’intérêt et aussi les risques des applications biométriques . La biométrie implique la prise en compte du corps humain. Ce dernier met en jeu l’intimité de la personne. Il est aussi un instrument d’identification, d’authentification pour l’entreprise et les pouvoirs publics. La biométrie interpelle les juristes qui s’emparent, depuis peu , de ce nouveau domaine d’investigation .

Les techniques biométriques contribuent avec succès aux objectifs, aux problématiques sécuritaires des Etats (passeport biométrique, contrôle des flux migratoires, droit d’asile…) et des entreprises (preuve et signature électronique…). Ce faisant, la biométrie, qui se nourrit de l’identité humaine, peut-être attentatoire aux libertés et à la vie privée. C’est que redoutent notamment le syndicat de la magistrature et la Ligue des droits de l’homme . Comment analyser ce que l’on peut dénommer ambivalence biométrique ? Plus précisément, comment concilier les légitimes exigences sécuritaires de l’Etat et des entreprises avec le non moins légitime droit à la protection des données personnelles des individus et des libertés ? La CNIL tente d’y parvenir avec des moyens limités en prenant en compte la finalité et la proportionnalité . Dans le difficile équilibre entre sécurité et liberté où doit se placer le curseur juridique et social ? Quel est le niveau d’acceptation des techniques biométriques par ceux qui en sont en quelque sorte les instruments ?

Pour répondre à ces questionnements majeurs, L'équipe hEuristique, Droit et Usages des Technologies de l'Information et de la Communication (LEDUTIC) de l’INT en partenariat avec l’Institut de Recherches sur l'Evolution de l'Environnement Normatif des Activités Transnationales (IREENAT) del’université de Lille II, a organisé le 3 mars dernier, dans le cadre du programme de recherche ASPHALES , un séminaire pluridisciplinaire sur « la biométrie entre sécurité et liberté ».
Y ont été analysés et discutés les aspects juridiques, sociologiques et techniques de la biométrie. Les actes de séminaire sont en cours de publication. Un DVD rom vidéo de ces actes peut-être demandé à l'auteur.



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