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The EDPB and EDPS have adopted a joint opinion on the European Commission’s Proposal for a Regulation laying down harmonised rules on artificial intelligence (AI).

The EDPB and the EDPS strongly welcome the aim of addressing the use of AI systems within the European Union, including the use of AI systems by EU institutions, bodies or agencies. At the same time, the EDPB and EDPS are concerned by the exclusion of international law enforcement cooperation from the scope of the Proposal.

The EDPB and EDPS also stress the need to explicitly clarify that existing EU data protection legislation (GDPR, the EUDPR and the LED) applies to any processing of personal data falling under the scope of the draft AI Regulation.

While the EDPB and the EDPS welcome the risk-based approach underpinning the Proposal, they consider that the concept of “risk to fundamental rights” should be aligned with the EU data protection framework. The EDPB and the EDPS recommend that societal risks for groups of individuals should also be assessed and mitigated. Moreover, they agree with the Proposal that the classification of an AI system as high-risk does not necessarily mean that it is lawful per se and can be deployed by the user as such. The EDPB and the EDPS also consider that compliance with legal obligations arising from Union legislation – including on personal data protection – should be a precondition for entering the European market as CE marked product.

Taking into account the extremely high risks posed by remote biometric identification of individuals in publicly accessible spaces, the EDPB and the EDPS call for a general ban on any use of AI for automated recognition of human features in publicly accessible spaces, such as recognition of faces, gait, fingerprints, DNA, voice, keystrokes and other biometric or behavioural signals, in any context. Similarly, the EDPB and EDPS recommend a ban on AI systems using biometrics to categorize individuals into clusters based on ethnicity, gender, political or sexual orientation, or other grounds on which discrimination is prohibited under Article 21 of the Charter of Fundamental Rights. Furthermore, the EDPB and the EDPS consider that the use of AI to infer emotions of a natural person is highly undesirable and should be prohibited, except for very specified cases, such as some health purposes, where the patient emotion recognition is important, and that the use of AI for any type of social scoring should be prohibited

I you want to know more, you can read the EDPB – EDPS Press Release