Controversial EU proposal on AI remote biometric identification
The European Data Protection Supervisor does not agree with the EU Commission concerning the use of remote biometric identification in public spaces. The Supervisor says such identification should be banned. The EU’s privacy Supervisor’s statement comes a couple of days after the EU Commission presented its proposal for future use of artificial intelligence. The Supervisor said that the Commission’s proposed Artificial Intelligence Act is a welcome initiative “but ban on remote biometric identification in public space is necessary”
“The EDPS regrets to see that our earlier calls for a moratorium on the use of remote biometric identification systems – including facial recognition – in publicly accessible spaces have not been addressed by the Commission.”
“A stricter approach is necessary given that remote biometric identification, where AI may contribute to unprecedented developments, presents extremely high risks of deep and non-democratic intrusion into individuals’ private lives”, the Supervisor said.
COMMISSION’s PROPOSAL
In its proposal the Commission said that “High-risk AI systems will be subject to strict obligations before they can be put on the market. In particular, all remote biometric identification systems are considered high risk and subject to strict requirements.”
“Their live use in publicly accessible spaces for law enforcement purposes is prohibited in principle. Narrow exceptions are strictly defined and regulated (such as where strictly necessary to search for a missing child, to prevent a specific and imminent terrorist threat or to detect, locate, identify or prosecute a perpetrator or suspect of a serious criminal offence)”, the Commission said.
The EDPS said it welcomes and supports the European Union’s leadership aiming to ensure that AI solutions are shaped according to the EU’s values and legal principles.
AI WITH LIMITED RISK
Supervisor Wojciech Wiewiórowski said: “I am proud of this initiative and particularly welcome the horizontal approach in a Regulation, as well as the broad scope of its application which importantly includes the European Union institutions, bodies, offices and agencies (EUIs). The EDPS stands ready to fulfil its new role as the AI regulator for the EU public administration. “
“I also acknowledge the merits in the risk-based approach underpinning the proposal. Indeed, there are numerous Artificial Intelligence applications that present limited threat for the fundamental rights to data protection and privacy while giving the humanity a potentially powerful tool to fight against today’s problems.”
COMPREHENSIVE ANALYSIS
The Supervisor statement said that the “EDPS will undertake a meticulous and comprehensive analysis of the Commission’s proposal to support the EU co-legislators in strengthening the protection of individuals and society at large. In this context, the EDPS will focus in particular on setting precise boundaries for those tools and systems which may present risks for the fundamental rights to data protection and privacy.@
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