Due to the proliferation of “intelligent” video devices in public spaces, the French Data Protection Authority (CNIL) launched a public consultation on its draft position concerning the conditions for the deployment of so-called “smart” cameras in public spaces. Following several months of consideration, and various contributions from public and private actors, the Commission published its opinion last July.
On July 13th, 2022, the Greek Data Protection Authority (DPA) released its decision about the claims brought by the NGO Homo Digitalis on the processing of individuals’ biometric data by Clearview and fined Clearview 20 million euros. This lawsuit follows many similar cases filed by Noyb, Privacy International, and the Hermès Center for transparency and Digital Human Rights before the French, British, Italian and Austrian DPAs to stop the American start-up collecting biometric data belonging to European citizens.
In June 2022, the Ada Lovelace institute published an ‘Independent legal review of the governance of biometric data in England and Wales’ written by Matthew Ryder. This review aims to address the current legal uncertainty concerning the collection, use and processing of biometric data in England and Wales. It also puts forward 10 recommendations to improve the legal framework as well as the governance of biometrics in England and Wales.
At a time when ad hoc legislation on AI is being negotiated at the European level, the French Senate published on May 10, 2022, a report proposing regulations on biometric recognition in public spaces. The purpose of this report is to put forward a framework for facial recognition experimentation and to reinforce French and European technological sovereignty.
In 2019, Buenos Aires City Council introduced the ‘Facial Recognition for Fugitives System’ (Sistema de Reconocimiento Facial de Prófugos (SNRP)), which involved deploying 9,500 surveillance cameras equipped with facial recognition technology.
Earlier this month, the US Federal Trade Commission (FTC), a civil law enforcement agency, published a settlement order requiring WW International, Inc. (formerly known as Weight Watchers) and its subsidiary Kurbo to delete the personal data illegally collected from children under 13 and to destroy any algorithm or AI model built using such data.
On March 7th, 2022, the Center for a New American Security held a workshop on Transatlantic Artificial Intelligence, which gathered together senior researchers, PhD candidates, NGO members, Institutional representatives and AI professionals from both sides of the Atlantic to discuss the future of Euro-American relationships as regards AI-related matters.
Aiming to raise awareness about the effects of AI on women, and to outline the challenges and opportunities emerging from AI technologies, the United Nations Educational, Scientific and Cultural Organization (UNESCO), the Inter-American Development Bank (IAD), and the Organisation for Economic Co-operation and Development (OECD) came together to examine the effects of the use of AI on the working lives of women.
On November 16th, 2021, the Future of Privacy Forum, in partnership with the Brussels Privacy Hub, organised the 2021 Brussels Privacy Symposium entitled ‘The Age of AI Regulation: Global Strategic Directions’. This symposium marked one of the first opportunities to discuss the AI Regulation Chair’s current project, which aims to map the use of facial recognition in public places in Europe.
The Center for AI and Digital Policy, a non-profit organisation based in Washington DC, issued a statement on March 1st 2022 supporting the Ukrainian people and alerting the World as to the dangers that AI might pose during the conflict.
With the rapid development of technology, artificial intelligence is becoming more and more sophisticated. This trend has led States to be concerned about the possible consequences that this technology may have on society.
On January 4th, 2022, the regulation “Provisions on the Management of Algorithmic Recommendations in Internet Information Services” was adopted by China. This text will enter into force on March 1st. It follows an initial draft presented by China’s Cyberspace Administration in August 2021 and it seeks to regulate algorithms, especially those that will be employed for ‘recommendation’ purposes such as those used in search filters, social media, online stores, content services or gig work platforms.
A few weeks ago, the 120 State parties to the Convention on Certain Conventional Weapons (CCW) met in Geneve for the 6th Review of the Convention. The discussion about the use of lethal autonomous weapons systems (LAWS) was on the top of the agenda.
From November 30 to December 2nd 2021, the Council of Europe’s Ad hoc Committee on Artificial Intelligence (CAHAI) held its final plenary meeting. In this session, the recommendation on the “Possible elements of a legal framework on artificial intelligence, based on the Council of Europe’s standards on human rights, democracy and the rule of law” was adopted.
On November 24, 2021, during the 41st session of UNESCO’s General Conference, the “Recommendation on the Ethics of Artificial Intelligence” was adopted. This is the first global “standard-setting instrument” that seeks to regulate the use of AI in an ethical way, although some initiatives were taken in the European context. The project came about due to a decision made at the General Conference at its 40th session in 2019.
On September 22nd 2021, the European Economic and Social Committee (EESC), the Body that represents civil society organisations within the European Union, adopted Catelijne Muller’s Opinion on the EU Commission’s Artificial Intelligence Act (AIA) proposal.
On September 3rd, 2021, the Garante per la protezione dei dati personali (the GPDP – Italian data protection authority), issued an official request to the local Health authority USL Roma 3, to provide information about its deploying of AI technologies to combat Covid19.
On June 29, 2021, a draft report was presented and adopted by the Committee on Civil Liberties, Justice and Home Affairs (LIBE) on artificial intelligence in criminal law and its use by the police and judicial authorities in criminal matters.
On May 27, 2021, a coalition of civil society groups including Privacy International, the Hermes Center for Transparency and Digital Human Rights, Homo Digitalis and noyb, filed several claims in Europe against the U.S facial recognition firm Clearview AI.
On April 29, 2021, the French Defense Ethics Committee issued an Opinion on the integration of autonomy into lethal weapon systems. Through this work, the Committee aims to establish a clear definition of autonomy and a clear distinction between fully (LAWS) and partially autonomous lethal weapon systems (PAWLS).
On April 16, 2021, the Garante per la protezione dei dati personali, the Italian Data Protection Authority (DPA), issued an unfavourable opinion on the use of the SARI Real Time system by the Ministry of the Interior, a real-time facial recognition system aiming to assist the Police Force in the management of public order and safety.
After a preleminary initiative was announced in January 2021, the European Digital Rights (EDRi) organisation and 55 others sent a new letter to Didier Reynders (European Commissioner for Justice) on April 1st, 2021 to support their demand for a specific ban on biometric mass surveillance technologies.
Over the past few weeks, the Council of Europe, the Strasbourg-based organisation that promotes and protects human rights, democracy and the rule of law, has been raising awareness about the risks of using AI enabled technologies and preparing a draft proposal for ensuring adequate AI regulation.
On March 9, 2021, the European Data Protection Board (EDPB) adopted version 2.0 of its guidelines – On processing personal data in the context of connected vehicles and mobility related applications following a period of public consultation that ended in May 2020.
On January 28, 2020, The Council of Europe (CoE) adopted a new set of guidelines on facial recognition addressed to governments, legislators and businesses. The guidelines were developed by the Consultative Committee of the Council of Europe, after a 7-year process, that resulted in the updating of Convention 108
On January 20, 2020, the Legal Affairs Committee of the European Parliament (EP) adopted a resolution which includes new guidelines for the use of artificial intelligence (AI) for civil and military use.
On December 14, 2020, during their online conference entitled “Doing AI the European way: Protecting fundamental rights in an era of artificial intelligence”, the European Union Agency for Fundamental Rights (FRA) presented their new report : Getting the future right – Artificial intelligence and fundamental rights.
On December 2, 2020, the President of the Spanish Government, Pedro Sánchez, officially presented one of the fundamental proposals of the Spain Digital Plan 2025 launched last July and one of the most principal components of the Recovery, Transformation and Resilience Plan for the Spanish economy; the National Artificial Intelligence Strategy.
On November 19, 2020, the United-Nations Interregional Crime and Justice Research Institute (UNICRI) Centre for AI and Robotics released its latest collaborative report on Malicious Uses and Abuses of Artificial Intelligence
On November 17, 2020, the Office of Management and Budget (OMB) in the White House released a “Memorandum for the heads of executive departments agencies” to provide “guidance to all Federal agencies to inform the development of regulatory and non-regulatory approaches regarding technologies and industrial sectors that are empowered or enable by artificial intelligence (AI) and consider ways to reduce barriers to the development and adoption of AI technologies”.
On April 1st -2nd, 2021, a colloquium will take place on Artificial Intelligence and Normative Challenges: International and Comparative Legal Perspectives, organised by The Faculty of Law at the Aristotle University of Thessaloniki and the Kalliopi Koufa Foundation for the Promotion of International and Human Rights Law, with the support of the European Society of International Law (ESIL).
On October 22, 2020, the Parliamentary Assembly of the Council of Europe adopted a provisional version of Resolution 2342 (2020) Justice by algorithm – the role of artificial intelligence in policing and criminal justice systems.
On October 20, 2020, the EP adopted three resolutions on a framework of ethical aspects of artificial intelligence, a civil liability regime for AI and a response to intellectual property rights challenged by these systems.
On October 9, 2020, the CNIL (French Data Protection Authority) clarified its position on the use of facial recognition technology at airports, providing useful guidance for French airports’ managers and service providers in their experimentation of FRTs.