EU: Artificial Intelligence Act: justice sector and high-risk systems; internal security; migration and borders; comments and presentations


We are publishing a number of documents concerning the proposed Artificial Intelligence Act, received in response to access to documents requests to the Council of the EU.

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Justice sector and high-risk systems

NOTE from: Presidency to: CATS: Justice aspects of Artificial intelligence in the context of the proposal for a Regulation laying down harmonised rules on Artificial Intelligence (AI Act) - Discussion (Council doc. 11368/21, LIMITE, 8 September 2021, pdf):

"During their first discussion, ministers for justice expressed support for the initiative in general but also insisted that some justice aspects deserved further work. One of the key issues is the distinction used in the proposal for justice-related uses of AI when it comes to defining which systems are considered ‘high risk’. As the proposal relies on a risk-based approach, the question of whether an AI system is considered high risk or not plays a key role in the regime provided for in the proposal for an AI Act."

Presentations by the European Commission explain the provisions of the proposal on "high-risk systems":

European Commission presentations

A number of other presentations were provided in the response to our access to documents request:

See also presentations previously published by Statewatch on law enforcement, migration and asylum; and biometrics.

Law enforcement workshop report

NOTE from: Presidency to: Delegations: Report on the JHA/law enforcement online workshop on the proposed AI Act (AIA) (Council doc. 13329/21, LIMITE, 29 October 2021, pdf):

"Delegations will find attached the report from the JHA/law enforcement online workshop on the
proposed AI Act (AIA) organised by the Slovenian Presidency on 30 September 2021."

The European Commission has also provided an overview of the proposal to the Council's Standing Committee on operational cooperation on internal security (COSI): Proposal for an Artificial Intelligence Act : PowerPoint presentation by the Commission (COSI meeting 19 May) (Council doc. WK 6771/21, LIMITE, 20 May 2021, pdf)

Member state comments Articles 1-20 and Annexes I-IV of the proposal

  • Portugal (WK 13348/2021, 8 November 2021, pdf)
  • Austria (WK 13191/2021, 3 November 2021, pdf)
  • Belgium (WK 13185/2021, 3 November 2021, pdf)
  • Bulgaria (WK 13176/2021, 3 November 2021, pdf)
  • Slovakia (WK 13173/2021, 3 November 2021, pdf)

Image: Ars Electronica, CC BY-NC-ND 2.0

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