72 Amendments of Michal ŠIMEČKA related to 2021/0106(COD)
Amendment 527 #
(27) High-risk AI systems should only be placed on the Union market or put into service if they comply with certain mandatory requirements. Those requirements should ensure that high-risk AI systems available in the Union or whose output is otherwise used in the Union do not pose unacceptable risks to important Union public interests as recognised and protected by Union law. AI systems identified as high-risk should be limited to those that have a significant harmful impact on the health, safety and fundamental rights of persons in the Union or to Union values as enshrined in Article 2 TEU and such limitation minimises any potential restriction to international trade, if any.
Amendment 554 #
Proposal for a regulation
Recital 34
Recital 34
(34) As regards the management and operation of critical infrastructure, it is appropriate to classify as high-risk the AI systems intended to be used as safety components in the management and operation of road traffic and the supply of water, gas, heating and electricity, and internet, since their failure or malfunctioning may put at risk the life and health of persons at large scale and lead to appreciable disruptions in the ordinary conduct of social and economic activities.
Amendment 779 #
Proposal for a regulation
Article 1 – title
Article 1 – title
1 SAim and subject matter
Amendment 782 #
Proposal for a regulation
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
-1 The purpose of this Regulation is to ensure a high level of protection of health, safety, and fundamental rights from harmful effects of artificial intelligence systems ("AI systems") in the Union, while enhancing innovation.
Amendment 805 #
Proposal for a regulation
Article 1 – paragraph 1 – point e b (new)
Article 1 – paragraph 1 – point e b (new)
(e b) measures in support of innovation, including the setting up of regulatory sandboxes, and measures to reduce the regulatory burden on SMEs and start-ups.
Amendment 807 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Regulation is based on the principle that it is for developers, importers, distributors and users to ensure that they develop, place on the market or use AI systems that do not adversely affect health, safety, or fundamental rights. Its provisions are underpinned by the precautionary principle.
Amendment 828 #
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) public authorities in a third country or to international organisations where those authorities or organisations use AI systems in the framework of international agreements for law enforcement and judicial cooperation with the Union or with one or more Member States.
Amendment 868 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Regulation shall not apply to AI systems developed or used exclusively for military purposes, unless the AI system is subsequently used for non-military purposes.
Amendment 881 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 969 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12 – point i (new)
Article 3 – paragraph 1 – point 12 – point i (new)
i) 'Reasonably foreseeable use' means the use of an AI system in a way that is or should be reasonably foreseeable and that addresses the risks to health, safety and fundamental rights that it can cause.
Amendment 1028 #
Proposal for a regulation
Article 3 – paragraph 1 – point 33 a (new)
Article 3 – paragraph 1 – point 33 a (new)
(33 a) ‘subliminal techniques’ means techniques that use sensorial stimuli such as images, text, or sounds, that are below the limits of conscious human sensorial perception;
Amendment 1033 #
Proposal for a regulation
Article 3 – paragraph 1 – point 34
Article 3 – paragraph 1 – point 34
(34) ‘emotion recognition system’ means an AI system for the purposcapable of identifying, categorizing or inferring emotions, thoughts, states of mind (such as 'deception', 'trustworthiness', or 'trustfulness') or intentions of natural persons on the basis of their biometric data;
Amendment 1046 #
Proposal for a regulation
Article 3 – paragraph 1 – point 35
Article 3 – paragraph 1 – point 35
(35) ‘biometric categorisation system’ means an AI system for that uses biometric data, or other purposhysical, physiological or behavioral data, capable of assigning natural persons to specific categories, such as sex, age, hair colour, eye colour, tattoos, ethnic origin or sexual or political orientation, on the basis of their biometric data or inferring their characteristics and attributes;
Amendment 1051 #
Proposal for a regulation
Article 3 – paragraph 1 – point 36
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system for the purpose of identifying natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge of the user of the AI system whether the person will be present and can be identified , , excluding authentification and verification systems whose sole purpose is to confirm, based on prior consent, that a specific natural person is the person he or she claims to be or to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises;
Amendment 1061 #
Proposal for a regulation
Article 3 – paragraph 1 – point 36
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system for the purpose of identifycapable of categorizing natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge of the user of the AI system whether the person will be present and can be identified or other physical, physiological or behavioral data, with this data contained in a reference database;
Amendment 1128 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
'Social scoring' means the evaluation or categorization of an individual natural person, or a group, based on their behaviour or (personality) characteristics, where one or more of the following conditions apply: (1) the information is not reasonably relevant, necessary for, or proportionate to the evaluation or categorization; (2) the information is generated or collected in another domain than that of the evaluation or categorization; (3) the information contains or reveals special categories.
Amendment 1164 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order to materially distort a person’s behaviour in a manner that causes or is likely to cause that person or another person physical or psychological harm;
Amendment 1172 #
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
Amendment 1180 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the placing on the market, putting into service or use of an AI system that exploits, intentionally or not, any of the vulnerabilities of a specificrson or group of persons due to their age, physical or mental disability, in order to materially distort the behaviour of a person pertaining to that group in a manner that causesbased on any sensitive or protected characteristic, including but not limited to age, gender and gender identity, racial or ethnic origin, health status, sexual orientation, sex characteristics, social or economic status, worker status, migration status, or dis likely to cause that person or another person physical or psychological harmability in accordance with Article 21 of the Charter of Fundamental Rights;
Amendment 1185 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of a specific group of persons due to their age, physical or mental disability, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
Amendment 1194 #
Proposal for a regulation
Article 5 – paragraph 1 – point c – introductory part
Article 5 – paragraph 1 – point c – introductory part
(c) the placing on the market, putting into service or use of AI systems by public authorities or on their behalf for the evaluation or classification of the trustworthiness of natural persons over a certain period of time based on theirfor calculation or establishment of a 'social score' resulting from the evaluation or classification of natural persons based on their physical attributes, social behaviour or known or predicted personal or personality characteristics, with the social score leading to either or both of the following:.
Amendment 1204 #
Proposal for a regulation
Article 5 – paragraph 1 – point c – point i
Article 5 – paragraph 1 – point c – point i
Amendment 1213 #
Proposal for a regulation
Article 5 – paragraph 1 – point c – point ii
Article 5 – paragraph 1 – point c – point ii
Amendment 1235 #
Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
Article 5 – paragraph 1 – point d – introductory part
(d) tThe use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, unless and in as far as such use is strictly necessary for one of the following objectives:placing on the market, putting into service or use of of AI for an automated recognition of human features in publicly accessible spaces - such as of faces but also of gait, fingerprints, DNA, voice, keystrokes and other biometric or behavioral signals - for any purpose, including law enforcement.
Amendment 1287 #
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(d a) The creation or expansion of facial recognition or other biometric databases through the untargeted scraping of biometric data from social media profiles or CCTV footage or equivalent methods;
Amendment 1296 #
Proposal for a regulation
Article 5 – paragraph 1 – point d b (new)
Article 5 – paragraph 1 – point d b (new)
(d b) The use of private facial recognition or other private biometric databases for the purpose of law enforcement
Amendment 1299 #
Proposal for a regulation
Article 5 – paragraph 1 – point d c (new)
Article 5 – paragraph 1 – point d c (new)
(d c) The placing on the market, putting into service or use of 'emotion recognition systems', unless for health purposes, which would be considered high risk.Emotion recognition systems for health purposes shall be limited to their intended purpose, subject to all applicable data protection conditions and limits, and: (i) undergo strict testing to ensure scientific and clinical validity; (ii) contain clear advice to anyone that may procure or use them about the limitations of such technologies and their potential risks, including of flawed or potentially harmful outcomes; (iii) be developed with the active participation and input of the groups they are intended to benefit, as well as those with expertise in the range of fundamental rights that could be deliberately or inadvertently impacted; (iv) be developed and deployed in a manner that respects the rights of all persons likely to be affected by them; (v) be subject to an opinion of the Health Security Committee and the Fundamental Rights Agency.
Amendment 1311 #
Proposal for a regulation
Article 5 – paragraph 1 – point d d (new)
Article 5 – paragraph 1 – point d d (new)
(d d) AI systems intended to be used by law enforcement authorities as polygraphs and similar tools or to detect the emotional state of a natural person;
Amendment 1313 #
Proposal for a regulation
Article 5 – paragraph 1 – point d e (new)
Article 5 – paragraph 1 – point d e (new)
(d e) The placing on the market, putting into service or use of AI systems including, but not limited to polygraphs and similar tools to detect deception, trustworthiness or related characteristics, by or on behalf of competent authorities in migration, asylum or border control management, to profile an individual or assess a risk, including a security risk, a risk of irregular immigration, or a health risk, posed by a natural person who intends to enter or has entered the territory of a Member state, on the basis of personal or sensitive data, known or predicted, except for the sole purpose of identifying specific care and support needs;
Amendment 1317 #
Proposal for a regulation
Article 5 – paragraph 1 – point d f (new)
Article 5 – paragraph 1 – point d f (new)
(d f) the placing on the market, putting into service or use of AI systems that use psysiological, behavioural or biometric data to infer attributes or characteristics of persons or groups which are not solely determined by such data or are not externally observable or whose complexity is not possible to fully capture in data, including but not limited to gender, race, colour, ethnic or social origin, as well as political or sexual orientation, or other grounds for discrimination prohibited under Article 21 of the Charter.
Amendment 1325 #
Proposal for a regulation
Article 5 – paragraph 1 – point d g (new)
Article 5 – paragraph 1 – point d g (new)
(d g) AI systems intended to be used by public authorities or on behalf of public authorities to evaluate the eligibility of natural persons for public assistance benefits and services, as well as to grant, reduce, revoke, or reclaim such benefits and services;
Amendment 1420 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the AI system is intended to be used or reasonably foreseeable used as a safety component of a product, or is itself a product, covered by the Union harmonisation legislation listed in Annex II;
Amendment 1458 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Risk assessment The European Artificial Intelligence Board shall develop guidance for the risk assessment.
Amendment 1491 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. When assessing for the purposes of paragraph 1 whether an AI system poses a risk of harm to the health and safety or a risk of adverse impact on fundamental rights that is equivalent to or greater than the risk of harm posed by the high-risk AI systems already referred to in Annex III, the Commission shall take into account, including but not limited to, the following criteria:
Amendment 1496 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) the intended purpose or the reasonably foreseeable use of the AI system;
Amendment 1558 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. H1. Operators of high-risk AI systems shall comply with the requirements established in this Chapter.
Amendment 1659 #
Proposal for a regulation
Article 9 – paragraph 8
Article 9 – paragraph 8
8. When implementing the risk management system described in paragraphs 1 to 7, specific consideration shall be given to whether the high-risk AI system is likely to be accessed by or have an impact on children or natural persons suffering from disabilities that render them legally unable to give their consent.
Amendment 1730 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Training, validation and testing data sets shall take into account, to the extent required by the intended purpose, the characteristics or elements that are particular to the specific geographical, behavioural or functional setting within which the high-risk AI system is intended to be used.
Amendment 1884 #
Proposal for a regulation
Article 16 – paragraph 1 – point a a (new)
Article 16 – paragraph 1 – point a a (new)
(a a) ensure that, in the case of a general purpose AI system, the reasonably foreseeable uses of this system are assessed.
Amendment 1974 #
Upon a reasoned request by a national competent authority or, where applicable, by the Commission, providers and, where applicable, users shall also give the requesting national competent authority or the Commission, as applicable, access to the logs automatically generated by the high-risk AI system, to the extent such logs are under their control by virtue of a contractual arrangement with the user or otherwise by law. The national competent authorities or, where applicable, the Commission, shall keep confidential all trade secrets contained in the information received, in accordance with Article 70(2).
Amendment 2012 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where a distributor considers or has reason to consider that a high-risk AI system is not in conformity with the requirements set out in Chapter 2 of this Title, it shall not make the high-risk AI system available on the market until that system has been brought into conformity with those requirements. Furthermore, where the system presents a risk within the meaning of Article 65(1), the distributor shall inform the market surveillance authority and the provider or the importer of the system, as applicable, to that effect.
Amendment 2040 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Users of high-risk AI systems shall use such systems and implement human oversight in accordance with the instructions of use accompanying the systems, pursuant to paragraphs 2 and 5.
Amendment 2066 #
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. Users of high-risk AI systems shall use the information provided under Article 13 to comply with their obligation to carry out a data protection impact assessment under Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680, where applicable. The data protection impact assessment shall be published.
Amendment 2067 #
Proposal for a regulation
Article 29 – paragraph 6 a (new)
Article 29 – paragraph 6 a (new)
6 a. Users of high-risk AI systems shall carry out a human rights impact assessment for the different uses of the system, containing specific information on the context of use of that system, including, the intended purpose or reasonable foreseeably use, geographic and temporal scope, assessment of the legality and fundamental rights impacts of the system, any specific risk of harm likely to impact marginalised persons or those at risk of discrimination, any other negative impact on the public interest;and clear steps as to how the harms identified will be mitigated, and how effective this mitigation is likely to be. The human rights impact assessment shall be published, and be registered by the user in the database referred to under Article 60.
Amendment 2175 #
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
Amendment 2189 #
Proposal for a regulation
Article 43 – paragraph 4 – introductory part
Article 43 – paragraph 4 – introductory part
4. High-risk AI systems shall undergo a new conformity assessment procedure whenever they are substantially modified, regardless of whether the modified system is intended to be further distributed or continues to be used by the current user, or whenever a change occurs which may affect the compliance with this Regulation.
Amendment 2341 #
Proposal for a regulation
Article 53 – paragraph 6 a (new)
Article 53 – paragraph 6 a (new)
6 a. The Commission shall draw up guidelines for the proper establishment, development, implementation, functioning, and supervision of regulatory sandboxes.
Amendment 2344 #
Proposal for a regulation
Article 54
Article 54
Amendment 2468 #
Proposal for a regulation
Article 57 – paragraph 4 a (new)
Article 57 – paragraph 4 a (new)
4 a. The Board shall take into consideration advice provided by the EDPB, particularly on new or evolving risks of high-risk AI systems processing personal data.
Amendment 2493 #
Proposal for a regulation
Article 58 – paragraph 1 – point a a (new)
Article 58 – paragraph 1 – point a a (new)
(a a) issue opinions, recommendations or written contributions on matters related to the implementation of this Regulation;
Amendment 2494 #
Proposal for a regulation
Article 58 – paragraph 1 – point a b (new)
Article 58 – paragraph 1 – point a b (new)
(a b) examine, on its own initiative or on request of its management board, any question covering the application of this Regulation and issue guidelines, recommendations and best practices with a view to ensuring the consistent implementation of this Regulation;
Amendment 2496 #
Proposal for a regulation
Article 58 – paragraph 1 – point a d (new)
Article 58 – paragraph 1 – point a d (new)
(a d) assist Member States in developing the organizational and technical expertise required for the implementation of this Regulation;
Amendment 2516 #
Proposal for a regulation
Article 58 – paragraph 1 – point c a (new)
Article 58 – paragraph 1 – point c a (new)
(c a) support the Commission and the Member States in the preparation of guidance documents, including the guidelines concerning the setting of administrative fines referred to in Article 71;
Amendment 2534 #
Proposal for a regulation
Article 58 – paragraph 1 – point c e (new)
Article 58 – paragraph 1 – point c e (new)
(c e) promote public awareness and understanding of the benefits, risks, rules and safeguards and rights in relation to the use of AI systems;
Amendment 2538 #
Proposal for a regulation
Article 58 – paragraph 1 – point c f (new)
Article 58 – paragraph 1 – point c f (new)
(c f) promote the cooperation and effective bilateral and multilateral exchange of information and best practices between the national supervisory authorities;
Amendment 2543 #
Proposal for a regulation
Article 58 – paragraph 1 – point c h (new)
Article 58 – paragraph 1 – point c h (new)
(c h) support capacity and expertise building in supervisory authorities that are responsible for the enforcement of this Regulation;
Amendment 2544 #
Proposal for a regulation
Article 58 – paragraph 1 – point c i (new)
Article 58 – paragraph 1 – point c i (new)
(c i) advise the Commission on the possible amendment of the Annexes by means of delegated acts in accordance with Article 73, in particular the annex listing high-risk AI systems;
Amendment 2545 #
Proposal for a regulation
Article 58 – paragraph 1 – point c j (new)
Article 58 – paragraph 1 – point c j (new)
(c j) ensure that the national supervisory authorities actively cooperate in the implementation of this Regulation;
Amendment 2548 #
Proposal for a regulation
Article 58 – paragraph 1 – point c m (new)
Article 58 – paragraph 1 – point c m (new)
(c m) provide guidance in relation to children’s rights, applicable law and minimum standards to meet the objectives of this Regulation that pertain to children;
Amendment 2696 #
Proposal for a regulation
Article 64 – paragraph 3
Article 64 – paragraph 3
3. National public authorities or bodies which supervise or enforce the respect of obligations under Union law protecting fundamental rights in relation to the use of high-risk AI systems referred to in Annex III shall have the power to request and access any documentation created or maintained under this Regulation, including data protection impact assessments and human rights impact assessments carried out by the users of such systems, when access to that documentation is necessary for the fulfilment of the competences under their mandate within the limits of their jurisdiction. The relevant public authority or body shall inform the market surveillance authority of the Member State concerned of any such request.
Amendment 2945 #
Proposal for a regulation
Article 83 – paragraph 1 – introductory part
Article 83 – paragraph 1 – introductory part
1. This Regulation shall not apply to the AI systems which are components of the large-scale IT systems established by the legal acts listed in Annex IX that have been placed on the market or put into service before [12 mon, withs after the date of application of this Regulation referred to in Article 85(2)], unless the replacement or amendment of those legal acts leads to a significant change in the design or intended purpose of the AI system or AI systems concerned transitional period of two years after the entry into force of this Regulation.
Amendment 2950 #
Proposal for a regulation
Article 83 – paragraph 1 – subparagraph 1
Article 83 – paragraph 1 – subparagraph 1
Amendment 2961 #
Proposal for a regulation
Article 83 – paragraph 2
Article 83 – paragraph 2
2. This Regulation shall apply to the high-risk AI systems, other than the ones referred to in paragraph 1, that have been placed on the market or put into service before [date of application of this Regulation referred to in Article 85(2)], only if, from that date, those systems are subject to significant changes in their design or intended purposewith a transitional period of two years after the application of this Regulation.
Amendment 2982 #
Proposal for a regulation
Article 84 – paragraph 5
Article 84 – paragraph 5
5. For the purpose of paragraphs 1 to 4 the Board, the Member States and national competent authorities shall provide the Commission with information on its request without undue delay.
Amendment 2988 #
Proposal for a regulation
Article 84 – paragraph 6
Article 84 – paragraph 6
6. In carrying out the evaluations and reviews referred to in paragraphs 1 to 4 the Commission shall take into account the positions and findings of the Board, of the European Parliament, of the Council, and of other relevant bodies or sources, which shall be attached to the report.
Amendment 2994 #
Proposal for a regulation
Article 84 – paragraph 7
Article 84 – paragraph 7
7. The Commission shall, if necessary, submit appropriate proposals to amend this Regulation, in particular taking into account the impact of this Regulation on fundamental rights, developments in technology and in the light of the state of progress in the information society.
Amendment 3121 #
Proposal for a regulation
Annex III – paragraph 1 – point 5 – point a
Annex III – paragraph 1 – point 5 – point a
Amendment 3158 #
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point b
Annex III – paragraph 1 – point 6 – point b
Amendment 3190 #
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point a
Annex III – paragraph 1 – point 7 – point a
Amendment 3199 #
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point b
Annex III – paragraph 1 – point 7 – point b
Amendment 3218 #
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d a (new)
Annex III – paragraph 1 – point 7 – point d a (new)
(d a) AI systems intended to be used by or on behalf of competent authorities in migration, asylum and border control management for the forecasting or prediction of trends related to migration, movement and border crossings;
Amendment 3304 #
Proposal for a regulation
Annex VIII – point 6 a (new)
Annex VIII – point 6 a (new)
6 a. where the user is obliged to register an AI system under Article 29, the human rights impact assessment must also be registered and publicly available;