The EDPB and EDPS have made a collaborative call for a ban on facial recognition for automated recognition in public spaces.
The EDPB and EDPS call for a ban on the use of AI for biometric identification in publicly accessible spaces. This includes facial recognition, fingerprints, DNA, voice recognition and other biometric or behavioral signals. This call comes after the European Commission outlined harmonized rules for artificial intelligence earlier this year. While the EDPB and EDPS embrace the introduction of rules addressing the use of AI systems in the EU, by institutions, bodies or agencies, the organizations have expressed concern over the exclusion, from the proposal, of cooperation from international law enforcement. The EDPB and EDPS also stress that it is necessary to clarify that the existing data protection regulation within the EU applies to any and all personal data processing under the scope of the draft AI regulation.
The EDPB and EDPS call for a general ban on the use of AI in public spaces, particularly in ways which might lead to discrimination.
In a recently released joint statement, the EDPB & EDPS recognize that extremely high risks are posed by remote biometric identification of individuals in public spaces, particularly the use of AI systems using biometrics to categorize individuals based on ethnicity, gender, political or sexual orientation, or other grounds on which discrimination is prohibited. According to Article 21 of the Charter of Fundamental Rights, “Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.” In addition the organizations are calling for a prohibition on the use of AI to deduce the emotional state of natural persons except in specific cases. One example of this in the field of health includes cases where patient emotion recognition is relevant and important. However the EDPB and EDPS maintain that any use of this sort of AI for any type of social classification or scoring should be strictly prohibited. “One should keep in mind that ubiquitous facial recognition in public spaces makes it difficult to inform the data subject about what is happening, which also makes it all but impossible to object to processing, including profiling” comments Dr Bostjan Makarovic, Aphaia’s Managing Partner
The EDPB and EDPS call for greater clarity on the role of the EDPS as competent and market surveillance authority.
The organizations in their joint opinion, embrace the fact that the European Commission proposal designates the EDPS as the market surveillance authority and competent authority for the supervision of institutions, agencies and bodies within the European Union. However the organisations are also calling for further clarification on the specific tasks of the EDPS within that role. The EDPB and EDPS acknowledge that data protection authorities are already enforcing the GDPR and LED in the context of AI involving personal data. However the organizations are suggesting a more harmonized regulatory approach, involving the DPAs as designated national supervisory authorities, as well as consistent interpretation of data processing provisions across the EU. In addition, the statement calls for greater autonomy to be given to the European Artificial Intelligence Board, in order to avoid conflict and create an atmosphere for an AI European body free from political influence.
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