The RFID challenge to freedom of movement
When the CNIL gave its opinion in 2004 about the implementation of “Pass Navigo”—a public transportation pass for the Paris area based on RFID technology—it insisted on giving commuters the right to travel anonymously. Under the current system, validation data (dates, times, places, kind of public transports taken…) are associated with a subscriber number, making  the data personal and  stored as such for 48 hours.

After years of discussions with the Paris public transport company (RATP), RATP agreed to deliver, a Pass Navigo called “Discovery” for which validation data are not associated with the subscriber number, therefore preserving anonymity.

In this context, the CNIL noted that many uncertainties remain regarding RATP’s compliance with the privacy and personal data protection of Paris subway riders. Regretfully, one has to pay five Euros for such a pass.

Taking advantage of a RATP campaign of generalization of the Navigo Pass, and following several complaints about difficulties obtaining an anonymous pass, the CNIL conducted onsite investigations at 20 subway stations. The CNIL found that the conditions under which the anonymous pass is delivered and subway riders are informed are: “mediocre and even dissuasive,” specifically citing a lack of staff awareness, missing commercial documentation, and practical difficulties in obtaining the pass at RATP counters.

After the CNIL report made headlines, Cabinet Gelly’s Elisabeth Quillatre, a frequent Navigo Pass user, decided to experience for herself the process of obtaining a Discovery pass. She waited for an exaggerated amount of time at a major RATP counter, where the first observation made by the attendant was: “You know that it will cost you five Euros!” The information the attendant then provided was incomplete. Still, since February Elisabeth has ridden anonymously—for five Euros—in the Parisian public transports network.

Another CNIL finding regarding Discovery is a source of concern: beneficiaries of solidarity transport pricing cannot obtain an anonymous pass. Since there was no justification, even technical, for such a situation, the CNIL required the transportation company to immediately extend the Discovery pass benefits to beneficiaries of special pricing conditions.