CNAF’s discriminatory scoring algorithm: 10 new organisations join the case before the Conseil d’État in France

10 organisation, including EDRi, have joined an ongoing coalition effort to challenge the discriminatory algorithms used by the family branch of the French welfare system (CNAF). In the current deregulation spree by the European Commission, this legal action represents resistance to the rollback of fundamental rights protections and the increase of rights infringing legislation. Read an update about the strengthened coalition and the legal action they have taken so far.

By La Quadrature du Net (guest author) · January 20, 2026

25 organisations now challenging the discriminatory algorithm used by the French welfare system

Just over a year ago, 15 civil society organisations challenged the risk-scoring algorithm used by the family branch of the French welfare system (CNAF). The legal action was brought before the French Conseil d’État on the grounds of personal data protection and the principle of non-discrimination. This algorithm assigns a suspicion score to each beneficiary and selects those to subject to further checks. Every month, the algorithm analyses the personal data of more than 32 million people and calculates more than 13 million scores. Factors that increase a suspicion score include having a low income, being unemployed, receiving the minimum income benefit or disability benefits.

On 20 January, the coalition is proud to welcome 10 new organisations in this litigation. Now, 25 organisations are asking for a ban of the CNAF’s scoring algorithm. The diversity of the coalition – bringing together groups of affected people, unions as well as French and European fundamental rights NGOs – demonstrate the broad resistance to the CNAF’s algorithm and more broadly against discriminatory algorithms targeting vulnerable people.

Legal action so far

The coalition’s legal action started in October 2024 before the Conseil d’État. The action targets both the extent of the surveillance in place and the discrimination perpetrated by this algorithm. Fuelled by personal data of millions of people, it deliberately targets the most disadvantaged. The serious discrimination at the heart of the algorithm has been confirmed by the Défenseur des Droits – the French Ombudsperson – in an opinion sent to the court in last October.

Finally, on 15 January 2026, the CNAF released the source code of its current algorithm. While the coalition welcomes the efforts towards transparency — the CNAF had previously refused to disclose the source code of the algorithm in use — transparency alone is not enough. This should not distract from the fact that a 2025 internal CNAF study obtained by the organisations recognised the algorithm’s discriminatory effects. The coalition included this study in a new brief sent to the court in December.

“Our new, expanded coalition brings together a variety of European and French organisations from a range of backgrounds. This shows that the Conseil d'État should refer the case to the Court of Justice of the European Union so that the court can issue a pan-European decision,”

Bastien Le Querrec, legal officer at La Quadrature du Net

The Conseil d’État informed the plaintiffs that the written phase of the litigation will close at the end of this month. The coalition expect the public hearing to take place next spring.

New plaintiffs:

  • Confédération Générale du Travail
  • Union Syndicale Solidaires
  • Fédération Syndicale Unitaire Travail Emploi Insertion Organismes Sociaux
  • Data for Good
  • European Digital Rights
  • AlgorithmWatch
  • European Network Against Racism
  • Panoptykon Foundation
  • Mouvement des mères isolées
  • Féministes contre le cyberharcèlement

First plaintiffs:

  • La Quadrature du Net
  • Association d’Accès aux Droits des Jeunes et d’Accompagnement vers la Majorité
  • Aequitaz
  • Amnesty International France
  • Association nationale des assistants de service social
  • APF France handicap
  • Collectif Changer de Cap
  • Fondation pour le Logement des Défavorisés
  • Groupe d’information et de soutien des immigré·e·s (Gisti)
  • Le Mouton numérique
  • Ligue des droits de l’Homme
  • Mouvement national des chômeurs et précaires
  • Mouvement français pour un revenu de base
  • Collectif National Droits de l’Homme Romeurope
  • Syndicat des avocats de France

Why this matters at a European level?

Amidst the current deregulation push by the European Commission, this collective legal action represents resistance to the rollback of fundamental rights protections and the increase of rights-infringing legislation. The Digital Omnibus proposals, which threaten to completely undermine the digital rulebook, including the GDPR and the AI Act will have detrimental consequences to the rights of people in the EU. Specifically, social scoring algorithms fall under the prohibitions of the AI Act. However with the Act being effectively reopened with the Digital Omnibus proposals, there’s danger that such essential prohibitions will also be undermined. We are at a crossroads in the struggle to protect people’s fundamental rights. This case highlights the broad civil society support across the EU. It signifies the importance of this action to set a precedent against the use of discriminatory algorithms against the most vulnerable groups.

Contribution by: EDRi member, La Quadrature du Net