The EDPS will publish a Concept Paper on the use of Artificial Intelligence (AI) in the field of criminal justice and law enforcement in the EU. The Paper will explore from a data protection perspective the legal and practical implications of the increasingly pervasive use of AI systems in the area of freedom, security and justice. It will also identify immediate and short-term priorities for the supervision by the EDPS of the use of AI applications by the EU agencies and offices like Europol, Eurojust and the European Public Prosecutor’s Office.
In the last couple of years, the EDPS has witnessed a growing drive for development and deployment of new technologies in a large variety of sectors and fields, including in the area of law enforcement and criminal justice. These technologies are often based on algorithmic decision-making and entail processing of personal data.
The European Union reacted to these fast-paced technological changes by shifting from non-binding ethical frameworks on AI to binding legal rules. The most prominent example is the EU Artificial Intelligence Act (AI Act). The first AI regulation in the world will soon enter into force and it will apply together with the horizontal legal framework on data protection.
A key guarantee for the effective enforcement of the legal rules on AI is the existence of independent supervisory authorities, equipped with effective powers and the necessary resources. The AI Act designates the EDPS as the supervisory authority for the development and use of AI systems by Union institutions, bodies, offices and agencies. This new task will be performed alongside with the current EDPS’ role as the EU independent data protection authority.
The EDPS Concept Paper will have a twofold objective. It will explore the data protection implications of the application of AI systems in the area of freedom, security and justice. This will include, but will not be limited to, legal compliance with the existing legal framework on data protection and privacy, in conjunction with the rule of law and other principles and fundamental rights, notably human dignity, non-discrimination, the right to an effective remedy and to a fair trial, etc.
Based on this analysis, the document will also set the direction and identify some immediate and short-term priorities for the EDPS to ensure effective supervision of the use of AI applications by the EU agencies and offices working in the field of criminal justice and law enforcement, like Europol, Eurojust and the European Public Prosecutor’s Office.