28 September 2021
Two presentations produced by the European Commission explain different aspects of the proposed Artificial Intelligence Act - namely, how the new measures would affect the use of biometric technologies, and what the rules would mean for the use of "artificial intelligence" for law enforcement, migration and asylum. Amongst other things, one presentation notes that the Artificial Intelligence Act aims "to decrease administrative burden on home affairs authorities in order not to hamper innovation"
The presentations were given at the fifth meeting of the Commission's Expert Group on Artificial Intelligence in the domain of Home Affairs, which was held in May this year. They were obtained by Statewatch through an access to documents request.
The Expert Group was set up:
"To assist DG HOME in the preparation of legislative proposals/policy initiatives concerning Artificial Intelligence in the domain of Home Affairs; to establish Cooperation/coordination between the Commission and Member States or stakeholders on questions relating to the implementation of Union legislation, programmes and policies in the field of Artificial Intelligence in the domain of Home Affairs; and to bring about an exchange of experience and good practice in the field of Artificial Intelligence in the domain of Home Affairs."
Presentation: Rules on law enforcement, migration and asylum in the AI proposal (pdf)
This presentation notes that one aim of the Artificial Intelligence Act is "to decrease administrative burden on home affairs authorities in order not to hamper innovation and in-house developments".
A further aim is "to ensure that the implementation of the EU large-scale IT systems for migration, border management and security are not delayed," as the proposal contains special provisions on the EU's large-scale IT systems (such as Eurodac, or the forthcoming European Travel Information and Authorisation System, ETIAS). The rules will apply:
"...only to those AI components of the large-scale IT systems that have been placed on the market or put into service before 36 months after the entry into force, unless the replacement or amendment of those legal acts leads to a significant change in the design or intended purpose of the AI system or AI systems."
Presentation: Rules on biometrics in the AI proposal (pdf)
This presentation runs through the provisions in the proposal on the use of biometrics, including those on "real time biometric identification," for example through the deployment by the police of facial recognition technologies:
"Use of real time biometric identifications – layered approach
General prohibition only for law enforcement – use is allowed under multiple consecutive conditions:
1) The AI legislation does not constitute a legal base but only provides a framework beyond which such system can be implemented
2) National law is required but Member States can also decide not to regulate it
3) Activation only to fulfil one of the three objectives
4) Ex-ante authorization of the judiciary or an independent administrative body to activate the system
5) Confirmation of hits by two experts
Real time biometric identifications – objectives
General prohibition unless and in as far as such use is strictly necessary for one of the following objectives:
(i) the targeted search for specific potential victims of crime, including missing children (can include trafficking victims or missing persons where crime cannot be excluded);
(ii) the prevention of a specific, substantial and imminent threat to the life or physical safety of natural persons or of a terrorist attack; (N.B. it can also include vulnerable missing persons who urgently need medication)
(iii) the detection, localisation, identification or prosecution of a perpetrator or suspect of a criminal offence referred to in Article 2(2) of Council Framework Decision 2002/584/JHA62 and punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State. (N.B. it does not require the issuance of an EAW; in case of a serial offender points ii) and iii) can be referred to)"
A third presentation gives a general overview of the AI Act: Shaping Europe's digital future (pdf)
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