negotiations are progressing on the regulation which aims to regulate AI

In an article published on April 5, 2022, Euroactiv provides an update on the evolution and changes made to the Artificial Intelligent Act. This regulation, which aims to regulate the use of artificial intelligence in Europe, is currently under discussion before the Brussels institutions.

What will be the room for maneuver of the forces of order?

France, as President of the Council of the European Union, presented its vision of things and proposed several changes to the text. As EURACTIV reports, there is a feeling that France intends to influence certain aspects of the Artificial Intelligent Act, particularly about the use of artificial intelligence by law enforcement. If we stick to the proposed modifications, France’s objective seems to be not to block this use, but rather “to offer greater flexibility” to law enforcement.

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The regulation of artificial intelligence seems to be a priority for Paris, which is trying to make as much progress as possible on the subject before the end of its presidency. It appears very clearly that the repressive aspect of the legislation has been a sticking point throughout the discussion. Indeed, unlike France, Germany and Finland consider that it would be preferable to separate the repressive measures in a different file.

France pushes for a more flexible Artificial Intelligent Act

In the original version of the text, the Commission wanted prior authorization for each use for law enforcement purposes. It is precisely on this subject that France wants to make a change. Paris offers a new article to establish “a request for ex-post authorization for law enforcement to provide them with more flexibility”. Concretely, France wishes to skip the request for prior authorization.

French negotiators also want artificial intelligence technologies not to be subject to too strict obligations for identity checks. They also want expand the cases in which biometric recognition can be used. Other changes have been proposed on the possibility of using artificial intelligence to locate a suspect in the context of a police investigation.

France wants to review this part of the Artificial Intelligent Act. Today, it is clarified that artificial intelligence technologies can be used when a criminal offense falls within the scope of a European arrest warrant. The French negotiators propose to replace this condition by “any criminal offense which may result in a period of detention of at least five years”.

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