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The European Commission’s legislative proposal for an Artificial Intelligence Act is the first initiative, worldwide, that provides a legal framework for Artificial Intelligence (AI). The EDPS welcomes and supports the European Union’s (EU) leadership aiming to ensure that AI solutions are shaped according to the EU’s values and legal principles.

Wojciech Wiewiórowski, EDPS, 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.”

At the same time, 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. 

The EDPS will continue to advocate for a stricter approach to automated recognition in public spaces of human features – such as of faces but also of gait, fingerprints, DNA, voice, keystrokes and other biometric or behavioural signals – whether these are used in a commercial or administrative context, or for law enforcement purposes. 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 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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