The European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) call for a ban on the use of artificial intelligence to automatically recognize human characteristics in public spaces and some other uses of artificial intelligence that can lead to unfair discrimination.

The EDPB and the EDPS have adopted a joint opinion on the proposal for a European Commission regulation establishing harmonized rules on artificial intelligence.

The EDPB and the EDPS welcome the objective of addressing the use of artificial intelligence systems in the European Union, including the use of these systems by European Union institutions, bodies or agencies. At the same time, both authorities are concerned about the exclusion of international law enforcement cooperation from the proposal.

The EDPB and the EDPS further underline the possibility of clearly clarifying that the current European Data Protection legislation (GDPR – General Data Protection Regulation 2018/1725 and Directive 2016/680) applies to any processing of personal data which is part of the scope of the draft IA regulation.

While the EDPB and the EDPS welcome the risk-based approach on which the proposal is based, they believe that the notion of “risk to fundamental rights” needs to be adapted to the data protection framework of the European Union. They recommend assessing and mitigating social risks for groups of individuals. In addition, they agree with the proposal for a regulation indicating that classifying in artificial intelligence system as high risk does not necessarily mean that it is neither licit and how this can be implemented from the user. Both the instructions think that the respect of the legal obligations foreseen from the legislation of the Union – including the protection of personal data – has to be a prerequisite for the submission in the European market of a product with EC framework.

having regard to the extremely high risks posed by remote biometric identification of persons in public spaces, the EDPB and the EDPS call for a general ban on any use of artificial intelligence for the automatic recognition of human characteristics in public spaces, such as facial recognition, walking, fingerprinting, DNA, voice, button pressure, and other biometric or behavioral signals, in any context.

Similarly, the EDPB and the EDPS recommend banning the use of artificial intelligence systems that use biometric data to clarify people on the basis of their ethnic origin, sex, political opinions and sexual orientation, or on any other reason why discrimination is prohibited under Article 21 of the Charter of Fundamental Rights of the European Union. In addition, both institutions consider that the use of artificial intelligence to assume a person’s emotions is highly undesirable and would have to be prohibited, except in very specific cases, as some health purposes in which the recognition of the patient’s emotions is important, and that the use of artificial intelligence for any kind of points of social behavior would have to be prohibited.

The EDPB and the EDPS are pleased that the proposed regulation designates the EDPS as the competent and market surveillance authority for the control of Union institutions, agencies and bodies. Still, the role and duties of the EDPS would need to be clarified, especially as regards its role as market surveillance authority.

The adopted opinion recalled that the data protection authorities already apply the GDPR and Directive 2016/680 on artificial intelligence systems affecting personal data to ensure the protection of fundamental rights, in particular the right to data protection.

The designation of DPA as national supervisory authorities would therefore ensure a more harmonized regulatory approach and contribute to a consistent interpretation of data processing rules across the European Union. In order to ensure the proper application of this regulation, the data protection authorities would have to be designated as national supervisory authorities in accordance with Article 59 of the proposed regulation.

In addition, the EDPB and the EDPS discuss the granting of a dominant role to the European Commission at the European Artificial Intelligence Board (EAIB), insofar as this would be contrary to the need for a European authority for artificial intelligence that is independent from any political influence. To ensure independence, the proposed regulation would have to give the EAIB greater autonomy and ensure that it can act on its own initiative.

SOURCE: AUTORITA’ PER LA PROTEZIONE DEI DATI DELLA POLONIA – UODO