[ParlTrack]

Svenja HAHN, Dragoş TUDORACHE, Nicola BEER, Karen MELCHIOR, Róża THUN UND HOHENSTEIN, Vlad-Marius BOTOŞ, Samira RAFAELA, Monica SEMEDO, Salima YENBOU, Sophia IN 'T VELD, Moritz KÖRNER, Jan-Christoph OETJEN

Proposal for a regulation
Recital 18

(18) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces ~~for the purpose of law enforcement~~ is considered particularly intrusive in the rights and freedoms of the concerned persons, to the extent that it may affect the private life of a large part of the population, evoke a feeling of constant surveillance and indirectly dissuade the exercise of the freedom of assembly and other fundamental rights. In addition, the immediacy of the impact and the limited opportunities for further checks or corrections in relation to the use of such systems operating in ‘real-time’ carry heightened risks for the rights and freedoms of the persons that are concerned by law enforcement activities. The use of those systems in publicly accessible places should therefore be prohibited.

2022/06/13
Committee: IMCO LIBE

Svenja HAHN, Dragoş TUDORACHE, Nicola BEER, Karen MELCHIOR, Róża THUN UND HOHENSTEIN, Vlad-Marius BOTOŞ, Samira RAFAELA, Monica SEMEDO, Salima YENBOU, Abir AL-SAHLANI, Sophia IN 'T VELD, Moritz KÖRNER, Jan-Christoph OETJEN

Proposal for a regulation
Recital 19

(19) The use of those systems for the purpose of law enforcement should therefore be prohibited, except in three exhaustively listed and narrowly defined situations, where the use is strictly necessary to achieve a substantial public interest, the importance of which outweighs the risks. Those situations involve the search for potential victims of crime, including missing children; certain threats to the life or physical safety of natural persons or of a terrorist attack; and the detection, localisation, identification or prosecution of perpetrators or suspects of the criminal offences referred to in Council Framework Decision 2002/584/JHA38 if those criminal offences are punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years and as they are defined in the law of that Member State. Such threshold for the custodial sentence or detention order in accordance with national law contributes to ensure that the offence should be serious enough to potentially justify the use of ‘real-time’ remote biometric identification systems. Moreover, of the 32 criminal offences listed in the Council Framework Decision 2002/584/JHA, some are in practice likely to be more relevant than others, in that the recourse to ‘real-time’ remote biometric identification will foreseeably be necessary and proportionate to highly varying degrees for the practical pursuit of the detection, localisation, identification or prosecution of a perpetrator or suspect of the different criminal offences listed and having regard to the likely differences in the seriousness, probability and scale of the harm or possible negative consequences. _________________ 38 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).deleted

2022/06/13
Committee: IMCO LIBE

Svenja HAHN, Dragoş TUDORACHE, Nicola BEER, Karen MELCHIOR, Róża THUN UND HOHENSTEIN, Vlad-Marius BOTOŞ, Samira RAFAELA, Monica SEMEDO, Salima YENBOU, Abir AL-SAHLANI, Sophia IN 'T VELD, Moritz KÖRNER, Jan-Christoph OETJEN

Proposal for a regulation
Recital 20

(20) In order to ensure that those systems are used in a responsible and proportionate manner, it is also important to establish that, in each of those three exhaustively listed and narrowly defined situations, certain elements should be taken into account, in particular as regards the nature of the situation giving rise to the request and the consequences of the use for the rights and freedoms of all persons concerned and the safeguards and conditions provided for with the use. In addition, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement should be subject to appropriate limits in time and space, having regard in particular to the evidence or indications regarding the threats, the victims or perpetrator. The reference database of persons should be appropriate for each use case in each of the three situations mentioned above.deleted

2022/06/13
Committee: IMCO LIBE

Svenja HAHN, Dragoş TUDORACHE, Nicola BEER, Karen MELCHIOR, Róża THUN UND HOHENSTEIN, Vlad-Marius BOTOŞ, Samira RAFAELA, Monica SEMEDO, Salima YENBOU, Abir AL-SAHLANI, Sophia IN 'T VELD, Moritz KÖRNER, Jan-Christoph OETJEN

Proposal for a regulation
Recital 21

(21) Each use of a ‘real-time’ remote biometric identification system in publicly accessible spaces for the purpose of law enforcement should be subject to an express and specific authorisation by a judicial authority or by an independent administrative authority of a Member State. Such authorisation should in principle be obtained prior to the use, except in duly justified situations of urgency, that is, situations where the need to use the systems in question is such as to make it effectively and objectively impossible to obtain an authorisation before commencing the use. In such situations of urgency, the use should be restricted to the absolute minimum necessary and be subject to appropriate safeguards and conditions, as determined in national law and specified in the context of each individual urgent use case by the law enforcement authority itself. In addition, the law enforcement authority should in such situations seek to obtain an authorisation as soon as possible, whilst providing the reasons for not having been able to request it earlier.deleted

2022/06/13
Committee: IMCO LIBE

Svenja HAHN, Dragoş TUDORACHE, Nicola BEER, Karen MELCHIOR, Róża THUN UND HOHENSTEIN, Vlad-Marius BOTOŞ, Samira RAFAELA, Monica SEMEDO, Salima YENBOU, Abir AL-SAHLANI, Sophia IN 'T VELD, Moritz KÖRNER, Jan-Christoph OETJEN

Proposal for a regulation
Recital 22

(22) Furthermore, it is appropriate to provide, within the exhaustive framework set by this Regulation that such use in the territory of a Member State in accordance with this Regulation should only be possible where and in as far as the Member State in question has decided to expressly provide for the possibility to authorise such use in its detailed rules of national law. Consequently, Member States remain free under this Regulation not to provide for such a possibility at all or to only provide for such a possibility in respect of some of the objectives capable of justifying authorised use identified in this Regulation.deleted

2022/06/13
Committee: IMCO LIBE

Svenja HAHN, Dragoş TUDORACHE, Nicola BEER, Karen MELCHIOR, Róża THUN UND HOHENSTEIN, Vlad-Marius BOTOŞ, Samira RAFAELA, Monica SEMEDO, Salima YENBOU, Sophia IN 'T VELD, Moritz KÖRNER, Jan-Christoph OETJEN

Proposal for a regulation
Recital 23

(23) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement necessarily involves the processing of biometric data. The rules of this Regulation that prohibit, subject to certain exceptions, such use, which are based on Article 16 TFEU, should apply as lex specialis in respect of the rules on the processing of biometric data contained in Article 10 of Directive (EU) 2016/680, thus regulating such use and the processing of biometric data involved in an exhaustive manner. Therefore, such use and processing should only be possible in as far as it is compatible with the framework set by this Regulation, without there being scope, outside that framework, for the competent authorities, where they act for purpose of law enforcement, to use such systems and process such data in connection thereto on the grounds listed in Article 10 of Directive (EU) 2016/680. In this context, this Regulation is not intended to provide the legal basis for the processing of personal data under Article 8 of Directive 2016/680. However, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for purposes other than law enforcement, including by competent authorities, should not be covered by the specific framework regarding such use for the purpose of law enforcement set by this Regulation. Such use for purposes other than law enforcement should therefore not be subject to the requirement of an authorisation under this Regulation and the applicable detailed rules of national law that may give effect to it.deleted

2022/06/13
Committee: IMCO LIBE

Svenja HAHN, Dragoş TUDORACHE, Nicola BEER, Karen MELCHIOR, Róża THUN UND HOHENSTEIN, Vlad-Marius BOTOŞ, Samira RAFAELA, Monica SEMEDO, Salima YENBOU, Moritz KÖRNER, Jan-Christoph OETJEN

Proposal for a regulation
Recital 24

(24) Any processing of biometric data and other personal data involved in the use of AI systems for biometric identification, ~~other than in connection to the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement as regulated by this Regulation,~~ including where those systems are used by competent authorities in publicly accessible spaces for other purposes than law enforcement, should continue to comply with all requirements resulting from Article 9(1) of Regulation (EU) 2016/679, Article 10(1) of Regulation (EU) 2018/1725 and Article 10 of Directive (EU) 2016/680, as applicable.

2022/06/13
Committee: IMCO LIBE

Dragoş TUDORACHE, Olivier CHASTEL, Vlad GHEORGHE, Nicolae ŞTEFĂNUȚĂ, Ramona STRUGARIU, Dragoş PÎSLARU, Sophia IN 'T VELD, Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Malik AZMANI, Karen MELCHIOR, Svenja HAHN, Morten LØKKEGAARD, Róża THUN UND HOHENSTEIN, Alin MITUȚA

Proposal for a regulation
Recital 58

(58) Given the nature of AI systems and the risks to safety and fundamental rights possibly associated with their use, including as regard the need to ensure proper monitoring of the performance of an AI system in a real-life setting, it is appropriate to set specific responsibilities for users. Users should in particular use high-risk AI systems in accordance with the instructions of use and certain other obligations should be provided for with regard to monitoring of the functioning of the AI systems and with regard to record- keeping, as appropriate. Given the potential impact and the need for democratic oversight and scrutiny, users of high-risk AI systems that are public authorities or Union institutions, bodies, offices and agencies should be required to conduct a fundamental rights impact assessment prior to commencing the use of a high-risk AI system should be required to register the use of any high- risk AI systems in a public database.

2022/06/13
Committee: IMCO LIBE

Svenja HAHN, Dragoş TUDORACHE, Nicola BEER, Karen MELCHIOR, Morten LØKKEGAARD, Sandro GOZI, Róża THUN UND HOHENSTEIN, Vlad-Marius BOTOŞ, Abir AL-SAHLANI, Moritz KÖRNER, Jan-Christoph OETJEN

Proposal for a regulation
Article 3 – paragraph 1 – point 34

(34) ‘emotion recognition system’ means an AI system for the purpose of identifying or inferring emotions, thoughts or intentions of natural persons on the basis of their biometric or biometrics-based data;

2022/06/13
Committee: IMCO LIBE

Svenja HAHN, Dragoş TUDORACHE, Nicola BEER, Karen MELCHIOR, Morten LØKKEGAARD, Róża THUN UND HOHENSTEIN, Vlad-Marius BOTOŞ, Abir AL-SAHLANI, Moritz KÖRNER, Ondřej KOVAŘÍK, Jan-Christoph OETJEN

Proposal for a regulation
Article 3 – paragraph 1 – point 35

(35) ‘biometric categorisation system’ means an AI system for the purpose of assigning natural persons to specific categories~~, such as sex, age, hair colour, eye colour, tattoos, ethnic origin or sexual or political orientation,~~ or inferring their characteristics and attributes on the basis of their biometric or biometrics-based data;

2022/06/13
Committee: IMCO LIBE

Sophia IN 'T VELD, Michal ŠIMEČKA, Róża THUN UND HOHENSTEIN

Proposal for a regulation
Article 3 – paragraph 1 – point 35

(35) ‘biometric categorisation system’ means an AI system ~~for~~ that uses biometric data, or other p~~urpos~~hysical, 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;

2022/06/13
Committee: IMCO LIBE

Sophia IN 'T VELD, Michal ŠIMEČKA, Róża THUN UND HOHENSTEIN

Proposal for a regulation
Article 3 – paragraph 1 – point 36

(36) ‘remote biometric identification system’ means an AI system ~~for the purpose of identify~~capable 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;

2022/06/13
Committee: IMCO LIBE

Dragoş TUDORACHE, Olivier CHASTEL, Vlad GHEORGHE, Nicolae ŞTEFĂNUȚĂ, Ramona STRUGARIU, Dragoş PÎSLARU, Irena JOVEVA, Malik AZMANI, Karen MELCHIOR, Svenja HAHN, Róża THUN UND HOHENSTEIN, Alin MITUȚA

Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part

(d) the 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:~~

2022/06/13
Committee: IMCO LIBE

Svenja HAHN, Dragoş TUDORACHE, Nicola BEER, Karen MELCHIOR, Róża THUN UND HOHENSTEIN, Vlad-Marius BOTOŞ, Samira RAFAELA, Monica SEMEDO, Salima YENBOU, Moritz KÖRNER, Jan-Christoph OETJEN

Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part

(d) the 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:~~.

2022/06/13
Committee: IMCO LIBE

Sophia IN 'T VELD, Michal ŠIMEČKA, Róża THUN UND HOHENSTEIN

Proposal for a regulation
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.

2022/06/13
Committee: IMCO LIBE

Dragoş TUDORACHE, Olivier CHASTEL, Vlad GHEORGHE, Nicolae ŞTEFĂNUȚĂ, Ramona STRUGARIU, Dragoş PÎSLARU, Sophia IN 'T VELD, Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Karen MELCHIOR, Svenja HAHN, Róża THUN UND HOHENSTEIN, Alin MITUȚA

Proposal for a regulation
Article 5 – paragraph 1 – point d – point i

~~(i) the targeted search for specific potential victims of crime, including missing children;~~deleted

2022/06/13
Committee: IMCO LIBE

Dragoş TUDORACHE, Olivier CHASTEL, Vlad GHEORGHE, Nicolae ŞTEFĂNUȚĂ, Ramona STRUGARIU, Dragoş PÎSLARU, Sophia IN 'T VELD, Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Karen MELCHIOR, Svenja HAHN, Róża THUN UND HOHENSTEIN, Alin MITUȚA

Proposal for a regulation
Article 5 – paragraph 1 – point d – point ii

~~(ii) the prevention of a specific, substantial and imminent threat to the life or physical safety of natural persons or of a terrorist attack;~~deleted

2022/06/13
Committee: IMCO LIBE

Sophia IN 'T VELD, Michal ŠIMEČKA, Róża THUN UND HOHENSTEIN

Proposal for a regulation
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;

2022/06/13
Committee: IMCO LIBE

Sophia IN 'T VELD, Michal ŠIMEČKA, Róża THUN UND HOHENSTEIN

Proposal for a regulation
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

2022/06/13
Committee: IMCO LIBE

Sophia IN 'T VELD, Michal ŠIMEČKA, Róża THUN UND HOHENSTEIN

Proposal for a regulation
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.

2022/06/13
Committee: IMCO LIBE

Sophia IN 'T VELD, Michal ŠIMEČKA, Róża THUN UND HOHENSTEIN

Proposal for a regulation
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;

2022/06/13
Committee: IMCO LIBE

Sophia IN 'T VELD, Michal ŠIMEČKA, Róża THUN UND HOHENSTEIN

Proposal for a regulation
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.

2022/06/13
Committee: IMCO LIBE

Sophia IN 'T VELD, Michal ŠIMEČKA, Róża THUN UND HOHENSTEIN

Proposal for a regulation
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;

2022/06/13
Committee: IMCO LIBE

Svenja HAHN, Dragoş TUDORACHE, Nicola BEER, Karen MELCHIOR, Róża THUN UND HOHENSTEIN, Vlad-Marius BOTOŞ, Samira RAFAELA, Monica SEMEDO, Salima YENBOU, Abir AL-SAHLANI, Sophia IN 'T VELD, Moritz KÖRNER, Jan-Christoph OETJEN

Proposal for a regulation
Article 5 – paragraph 2

2. The use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall take into account the following elements: (a) the nature of the situation giving rise to the possible use, in particular the seriousness, probability and scale of the harm caused in the absence of the use of the system; (b) the consequences of the use of the system for the rights and freedoms of all persons concerned, in particular the seriousness, probability and scale of those consequences. In addition, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall comply with necessary and proportionate safeguards and conditions in relation to the use, in particular as regards the temporal, geographic and personal limitations.deleted

2022/06/13
Committee: IMCO LIBE

Svenja HAHN, Dragoş TUDORACHE, Nicola BEER, Karen MELCHIOR, Róża THUN UND HOHENSTEIN, Vlad-Marius BOTOŞ, Samira RAFAELA, Monica SEMEDO, Salima YENBOU, Abir AL-SAHLANI, Sophia IN 'T VELD, Moritz KÖRNER, Jan-Christoph OETJEN

Proposal for a regulation
Article 5 – paragraph 2 – point a

~~(a) the nature of the situation giving rise to the possible use, in particular the seriousness, probability and scale of the harm caused in the absence of the use of the system;~~deleted

2022/06/13
Committee: IMCO LIBE

Svenja HAHN, Dragoş TUDORACHE, Nicola BEER, Karen MELCHIOR, Róża THUN UND HOHENSTEIN, Vlad-Marius BOTOŞ, Samira RAFAELA, Monica SEMEDO, Salima YENBOU, Abir AL-SAHLANI, Sophia IN 'T VELD, Moritz KÖRNER, Jan-Christoph OETJEN

Proposal for a regulation
Article 5 – paragraph 2 – point b

~~(b) the consequences of the use of the system for the rights and freedoms of all persons concerned, in particular the seriousness, probability and scale of those consequences.~~deleted

2022/06/13
Committee: IMCO LIBE

Svenja HAHN, Dragoş TUDORACHE, Nicola BEER, Karen MELCHIOR, Róża THUN UND HOHENSTEIN, Vlad-Marius BOTOŞ, Samira RAFAELA, Monica SEMEDO, Salima YENBOU, Abir AL-SAHLANI, Sophia IN 'T VELD, Moritz KÖRNER, Jan-Christoph OETJEN

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1

In addition, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall comply with necessary and proportionate safeguards and conditions in relation to the use, in particular as regards the temporal, geographic and personal limitations.deleted

2022/06/13
Committee: IMCO LIBE

Svenja HAHN, Dragoş TUDORACHE, Nicola BEER, Karen MELCHIOR, Róża THUN UND HOHENSTEIN, Vlad-Marius BOTOŞ, Samira RAFAELA, Monica SEMEDO, Salima YENBOU, Abir AL-SAHLANI, Sophia IN 'T VELD, Moritz KÖRNER, Jan-Christoph OETJEN

Proposal for a regulation
Article 5 – paragraph 3

3. As regards paragraphs 1, point (d) and 2, each individual use for the purpose of law enforcement of a ‘real-time’ remote biometric identification system in publicly accessible spaces shall be subject to a prior authorisation granted by a judicial authority or by an independent administrative authority of the Member State in which the use is to take place, issued upon a reasoned request and in accordance with the detailed rules of national law referred to in paragraph 4. However, in a duly justified situation of urgency, the use of the system may be commenced without an authorisation and the authorisation may be requested only during or after the use. The competent judicial or administrative authority shall only grant the authorisation where it is satisfied, based on objective evidence or clear indications presented to it, that the use of the ‘real- time’ remote biometric identification system at issue is necessary for and proportionate to achieving one of the objectives specified in paragraph 1, point (d), as identified in the request. In deciding on the request, the competent judicial or administrative authority shall take into account the elements referred to in paragraph 2.deleted

2022/06/13
Committee: IMCO LIBE

Svenja HAHN, Dragoş TUDORACHE, Nicola BEER, Karen MELCHIOR, Róża THUN UND HOHENSTEIN, Vlad-Marius BOTOŞ, Samira RAFAELA, Monica SEMEDO, Salima YENBOU, Abir AL-SAHLANI, Sophia IN 'T VELD, Moritz KÖRNER, Jan-Christoph OETJEN

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1

The competent judicial or administrative authority shall only grant the authorisation where it is satisfied, based on objective evidence or clear indications presented to it, that the use of the ‘real- time’ remote biometric identification system at issue is necessary for and proportionate to achieving one of the objectives specified in paragraph 1, point (d), as identified in the request. In deciding on the request, the competent judicial or administrative authority shall take into account the elements referred to in paragraph 2.deleted

2022/06/13
Committee: IMCO LIBE

Svenja HAHN, Dragoş TUDORACHE, Nicola BEER, Róża THUN UND HOHENSTEIN, Vlad-Marius BOTOŞ, Samira RAFAELA, Monica SEMEDO, Salima YENBOU, Abir AL-SAHLANI, Sophia IN 'T VELD, Moritz KÖRNER, Jan-Christoph OETJEN

Proposal for a regulation
Article 5 – paragraph 4

4. A Member State may decide to provide for the possibility to fully or partially authorise the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement within the limits and under the conditions listed in paragraphs 1, point (d), 2 and 3. That Member State shall lay down in its national law the necessary detailed rules for the request, issuance and exercise of, as well as supervision relating to, the authorisations referred to in paragraph 3. Those rules shall also specify in respect of which of the objectives listed in paragraph 1, point (d), including which of the criminal offences referred to in point (iii) thereof, the competent authorities may be authorised to use those systems for the purpose of law enforcement.deleted

2022/06/13
Committee: IMCO LIBE

Sophia IN 'T VELD, Michal ŠIMEČKA, Róża THUN UND HOHENSTEIN

Proposal for a regulation
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;

2022/06/13
Committee: IMCO LIBE

Dragoş TUDORACHE, Olivier CHASTEL, Vlad GHEORGHE, Nicolae ŞTEFĂNUȚĂ, Ramona STRUGARIU, Dragoş PÎSLARU, Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Malik AZMANI, Róża THUN UND HOHENSTEIN, Alin MITUȚA

Proposal for a regulation
Article 29 – paragraph 5 a (new)

5 a. Users of high-risk AI systems that are public authorities or Union institutions, bodies, offices and agencies shall conduct a fundamental rights impact assessment prior to commencing the use of a high-risk AI system;

2022/06/13
Committee: IMCO LIBE

Sophia IN 'T VELD, Michal ŠIMEČKA, Róża THUN UND HOHENSTEIN

Proposal for a regulation
Article 83 – paragraph 1 – subparagraph 1

The requirements laid down in this Regulation shall be taken into account, where applicable, in the evaluation of each large-scale IT systems established by the legal acts listed in Annex IX to be undertaken as provided for in those respective acts.deleted

2022/06/13
Committee: IMCO LIBE

Sophia IN 'T VELD, Michal ŠIMEČKA, Róża THUN UND HOHENSTEIN

Proposal for a regulation
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 purpose~~with a transitional period of two years after the application of this Regulation.

2022/06/13
Committee: IMCO LIBE

Dragoş TUDORACHE, Olivier CHASTEL, Vlad GHEORGHE, Nicolae ŞTEFĂNUȚĂ, Ramona STRUGARIU, Dragoş PÎSLARU, Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Malik AZMANI, Svenja HAHN, Róża THUN UND HOHENSTEIN, Alin MITUȚA

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point b

(b) AI systems intended to be used by law enforcement authorities or on behalf of law enforcement authorities as polygraphs and similar tools or to detect the emotional state of a natural person;

2022/06/13
Committee: IMCO LIBE

Dragoş TUDORACHE, Olivier CHASTEL, Vlad GHEORGHE, Nicolae ŞTEFĂNUȚĂ, Ramona STRUGARIU, Dragoş PÎSLARU, Lucia ĎURIŠ NICHOLSONOVÁ, Irena JOVEVA, Malik AZMANI, Róża THUN UND HOHENSTEIN, Alin MITUȚA

Proposal for a regulation
Annex VIII – paragraph 1 a (new)

1a.The following information shall be provided and updated with regard to high risk AI systems to be registered in accordance with Article 51(2) by users who are or act on behalf of public authorities or Union institutions, bodies, offices or agencies: 1. the name, address and contact details of the user; 2. the name, address and contact details of any person submitting information on behalf of the user; 3. the high-risk AI system trade name and any additional unambiguous reference allowing identification and traceability of the AI system used; 4. description of the intended use of the AI system, including the specific outcomes sought through the use of the system; 5. a summary of the findings of the fundamental rights impact assessment conducted in accordance with the obligation of public authorities or Union institutions, agencies, offices or bodies set out in this Regulation; 6. a summary of the data protection impact assessment carried out in accordance with Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680 as specified in paragraph 6 of Article 29 of this Regulation, where applicable; 6. a declaration of conformity with the applicable data protection rules.

2022/06/13
Committee: IMCO LIBE

36 Amendments of Róża THUN UND HOHENSTEIN related to 2021/0106(COD)

ParlTrack - 2011-2024