Question 10721 — energy and fuels

Summary

Mr. Fabien Matras draws the attention of the Secretary of State, to the Prime Minister, spokesperson for the Government, to the problems arising from the installation of smart meters. In order to better control consumption and fight against energy poverty, the previous majority adopted law no. 2015-992 of August 17, 2015 relating to the energy transition for growth providing for the installation of meters communicators by 2021. Without returning to the various questions asked to the Government regarding the possibility of users to oppose the installation of these meters, their deployment is a source of concern both for users and for the organizing authorities of public electricity distribution (AODE). Firstly, regarding users, many are concerned about attacks on their rights, particularly respect for of privacy, which the use of these meters may entail. It is in fact necessary to distinguish two types of data collection carried out by Linky meters: the default collection of daily consumption data by the distribution network manager on the one hand, and fine-grained consumption data, making it possible to establish a load curve, on the other hand. In its deliberation of November 15, 2012, the CNIL supervises the collection of data useful for the load curve by submitting it to the informed opinion of the consumer. Built from readings taken according to a variable “measurement step” (which can be set to a reading every 30 minutes or every 10 minutes), it makes it possible to establish a graph making it easy to see periods of high consumption. Used in this way, the load curve makes it possible to identify the times of getting up and going to bed, the number of people present in the accommodation, as well as the absences and presences of the people concerned. As this data can be retransmitted to third parties by energy suppliers, the greatest possible readability is required. However, as the deployment of meters has not been completed, it appears that certain energy suppliers are already not respecting the rules in place. Indeed, in its decision no. 2018-007 of March 5, 2018, the CNIL highlights remains an electricity supplier for not having complied with article 7 of the IT and freedom law of January 6, 1978 requiring free informed and specific consent for the processing of personal data: the company carried out a record of daily and half-hourly consumption data without the agreement of its customers. Secondly, under article L322-4 of the energy code, communities or their groups own the electricity network and the meters. Some municipalities have thus opposed the deployment of smart meters under, among other things, the precautionary principle. It is until now consistent case law that mayors do not have the competence, without affecting the powers thus entrusted by law to the State authorities and to the national electricity distribution network manager, to adopt on the territory of the municipality regulations relating to the installation of Linky meters and intended to protect the public against problems that may arise from the installation of these meters. Thus, he asks, on the one hand, what measures the Government intends to take to ensure and strengthen the rights of users-consumers concerning attacks on privacy induced by data collection, and on the other hand, who bears legal responsibility in the event of incidents with these meters, fires having already broken out in the past.

Machine translation from French. The official text remains authoritative.

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