Regulation of Biometric Surveillance in the forthcoming EU Artificial Intelligence Act (also panel introduction and moderation)

Description

On 8 December 2023, the European Union reached a political compromise on the AI ACT, a regulation laying down rules on artificial intelligence. The act includes legally binding rules on the use of biometric (live) surveillance. The issue was the last and most controversial aspect discussed during an unprecedented 33-hour negotiation between the European Parliament, the Member States and the European Commission.

This panel provides a first multi-disciplinary analysis of the final political compromise reached, including empirical thematic analysis, content analysis, critical discourse analysis, and philosophical inquiry. We start with considering the provisions on biometric surveillance as presented in the Commission's original proposal from 21 April 2021. The Brussels executive proposed that applications such as facial recognition or remote analysis of the emotions of individuals and groups would be part of a range of unacceptable applications. However, this proposal also included notable exemptions. Following criticism that it was too focused on technical standard-setting neglecting the fundamental rights dimension, the Parliament sought to strengthen privacy and non-discrimination safeguards in its amended version from 14 June 2023, in response to civil society. Nevertheless, Member States wanted a more surveillance-friendly compromise, allowing them to equip security agencies with the latest technology.

This not only raises profound questions about the future of public spaces such as airports, train stations, or sports stadiums. It also evokes concerns about how the new rules can be enforced in an environment fully equipped with networked high-resolution cameras, sensors, and extensive data processing capabilities. Based on a legal analysis of the final legislation, we contextualise and discuss the compromise using an interdisciplinary approach drawing insights from politics, economics, media studies, and philosophy. In conclusion, we argue that it is questionable whether the new rules will achieve the desired relevance as institutional enforcement may become scattered and overly complex.

Period	30-May-2024
Event title	The 10th Biennial Surveillance Studies Network / Surveillance & Society Conference: Surveillance in an Age of Crisis
Event type	Conference
Location	Ljubljana, SloveniaShow on map
Degree of Recognition	International