European Commission guidelines on the AI Act implementation must center human rights and justice
Over 25 civil society organisations and experts actively following the implementation of the Artificial Intelligence (AI) Act are urging the European Commission’s AI Office to ensure that the upcoming Commission guidelines clarify fundamental rights as the central guiding basis to enable meaningful AI Act enforcement. They also note note the various shortcomings of the Commission’s consultation process.
Civil society and experts’ call to the European Commission
On 11 December 2024, the European Commission’s consultation on its Artificial Intelligence (AI) Act guidelines closed. These guidelines will determine how those creating and using AI systems can interpret rules on the types of systems in scope, and which systems should be explicitly prohibited.
Since the final AI Act presents various grave loopholes when it comes to the protection of fundamental rights, particularly in the areas of policing and migration, it is important the guidelines clarify that fundamental rights are the central guiding basis to enable meaningful AI Act enforcement.
In an open letter written collectively by the AI Act civil society coalition and the #ProtectNotSurveil coalition following the European Commission consultation on the AI Act prohibitions and AI system definition, 27 civil society organisations and experts are calling on the Commission to ensure that human rights and justice are at the heart of the upcoming Commission guidelines on the AI Act implementation.
More specifically, they urge the AI Office to ensure the upcoming guidelines on AI Act prohibitions and AI system definition include the following as a necessary basis for fundamental rights-based enforcement:
- Clarify that comparatively ‘simple’ systems are explicitly within scope of the AI system definition: Such systems should not be considered out of scope of the AI Act just because they use less complicated algorithms;
- Prohibitions of systems posing an ‘unacceptable’ risk to fundamental rights are clarified to prevent the weaponisation of technology against marginalised groups and the unlawful use of mass biometric surveillance;
- The guidelines must ensure that human rights law, in particular the EU Charter of Fundamental Rights, are the central guiding basis for the implementation