Under this agreement, the prohibition on AI-driven surveillance extends to both public and private spaces, encompassing areas such as parks and sports grounds. However, there are exceptions in cases of specified serious crimes, a terrorist threat, or urgent searches for victims. Even in these exceptional situations, prior approval from a judge or an independent administrative authority is required
The European Union has recently achieved a groundbreaking agreement, marking a historic moment in its collaboration with the European Parliament and 27 member states. This accord entails a ban on the utilisation of real-time biometric data driven by artificial intelligence (AI) by police and national security bodies in the EU, unless judicial authorisation is obtained. The negotiations leading to this landmark deal spanned three days, reflecting the careful consideration given to the implications of such regulations.
Under this agreement, the prohibition on AI-driven surveillance extends to both public and private spaces, encompassing areas such as parks and sports grounds. However, there are exceptions in cases of specified serious crimes, a terrorist threat, or urgent searches for victims. Even in these exceptional situations, prior approval from a judge or an independent administrative authority is required.
Notably, the use of AI biometric tools without prior approval is limited to the most exceptional circumstances, such as a live terrorist threat. However, even in such cases, police are obligated to obtain authorisation within 24 hours, accompanied by a “prior fundamental rights impact assessment.” This careful approach is intended to safeguard against what EU officials refer to as “predictive policing,” a concern that, when coupled with racial profiling, could lead to discrimination against individuals.
In the event that approval by a judge or authority is not granted, the agreement specifies that the AI tool should be promptly turned off, and all data extracted on a suspect or suspects must be deleted without delay. To further define the scope of exceptions, the EU and members of the European Parliament (MEP) have agreed upon a specific list of 16 types of serious crimes that may be exempted from the ban.
This agreement represents a significant step forward in addressing the challenges posed by the use of AI in biometric surveillance. Policymakers advocating for its application in national security, defence, and military purposes have been met with concerns from EU lawmakers regarding privacy issues. With this comprehensive deal, the EU has become the first continent in the world to establish clear and stringent rules governing the use of AI, setting a precedent for responsible AI deployment globally.
