Position paper on proposed amendments on Artificial Intelligence Act

04 Nov 2022 Position paper on proposed amendments on Artificial Intelligence Act

Four key principles to better oversee the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement

Some amendments of the IMCO/LIBE draft report on [AI Act] [1] may have very substantial impacts on the deployment and uptake of remote biometric identification systems while some other would lead to completely ban any ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement in Europe. Eurosmart would like to provide its analysis on the consequences of such amendments.

Amendments 1233, 1234, 1237 and 1244 would lead to completely ban any ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement in Europe. Eurosmart considers that the approach proposed by the European Commission in its proposal [AI Act] is balanced as it prohibits in principle the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, except for three well identified objectives. This approach drastically limits the risks of mass surveillance and violations of personal freedoms while still allowing benefiting from these systems in some well identified situations (article 5(1)d). In that regard, Eurosmart recommends rejecting amendments 1233, 1234, 1237 and 1244.

Regarding the definition of remote biometric identification systems, Eurosmart recommends rejecting amendments 1053, 1054, 1055, 1056, 1057, and 1058 which considerably expand the scope of application of the text (1) to systems not only used for the purpose of identifying individuals using their biometry but also taking into account those only capable to do so, and (2) to facilitation usages (for which the individual has expressed its consent) that would be considered as high risk AI systems. As a conclusion expanding the scope of application of the text would further hinder the use of remote biometric identification systems. Conversely, Eurosmart recommends retaining amendment 1059 which brings clarity with regards to facilitation usages. Also, Eurosmart recommends retaining amendments 1050, 1051 and 1052 which make a clear distinction between biometric identification system and biometric authentication system.

However, Eurosmart understands and fully shares the concern which underpins the proposed amendments 1233, 1234, 1237, and 1244 whereby ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement may be used to set up mass surveillance and violate personal freedoms of citizen, ultimately leading to weakening or even annihilating democracy in Europe. This concern is reinforced by foreign examples where these systems are used countrywide for mass surveillance and so called “social scoring”. Therefore Eurosmart would like to propose four key principles to be introduced in [AI Act] to better oversee the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement.

[1] https://www.europarl.europa.eu/doceo/document/CJ40-AM-732837_EN.pdf https://www.europarl.europa.eu/doceo/document/CJ40-AM-732838_EN.pdf