The Commission must uphold the AI Act and fundamental freedoms in Hungary

Using biometric surveillance laws to target the LGBTQI+ community

Earlier this year, the Hungarian Parliament passed several sweeping amendments to the Assembly Act, the Infraction Act, and the Facial Recognition Technology Act, introducing alarming changes to protest and digital rights. The amendments aim to criminalise LGBTQ+ demonstrations and also expand the use of biometric surveillance to identify protesters, measures that are at odds with EU law and its underlying principles.

It represents a denial of freedom of expression, preventing LGBTQ+ people from peacefully expressing their identity and views in public. It constitutes direct discrimination, as the LGBTQ+ community is singled out and stigmatised solely on the basis of sexual orientation. Deploying near real-time facial recognition technology is likely to create a chilling effect for the exercise of civic freedoms. The Advocate General of the Court of Justice of the EU has already confirmed that Hungary’s so-called “child protection law” – used as a basis for these bans – violates EU law. Failure by the European Commission to act now risks setting a dangerous precedent and emboldening other Member States to follow suit.

Participation in Pride events banned by the police is now considered an infraction, carrying penalties that include large fines. Authorities are empowered to use facial recognition technology to identify and fine participants – an act that, according to our legal analysis, constitutes as real-time remote biometric identification in public spaces. This means that peaceful Pride participants – or even citizens committing minor offences, such as jaywalking – can be filmed, automatically identified in real time, and investigated on the spot. Such measures directly breach Article 5 of the EU AI Act, which was specifically designed to prevent the most severe forms of misuse of AI technologies.

Urging the Commission to ensure the safety of Pride participants and organisers

In June, before the Budapest Pride, nearly 50 human and digital rights groups urged the European Commission to take action against the laws. The Budapest Pride, seeing a record attendance, was finally held as a cultural event under the formal auspices of the municipal office, with the municipality assuming full responsibility for the event and its logistical support.

The Pride in the town of Pecs, one of the longest-running LGBTQ+ events outside Budapest, on October 4 was classified as an assembly, and was therefore the first event to fall fully within the scope of the new laws. It was held despite the fact that the police had banned it and the Kúria, Hungary’s highest judicial authority , upheld the ban. Under current Hungarian legislation, anyone attending Pecs Pride is committing an infraction. However, classifying participation at the Pride as an “infraction” does not exempt Hungary from EU law.

Before the Pecs Pride, the European Center for Not-for-Profit Law (ECNL), Liberties and the Hungarian Civil Liberties Union again called on the European Commission to step in and protect the rights of all people, and especially the most vulnerable, to protest and to celebrate.

Specifically, we urged the Commission to:

• Launch an infringement procedure against Hungary for violations of the AI Act and the Charter of Fundamental Rights; and
• Ensure an expedited procedure and, if the infringement proceeds, request the Court of Justice of the EU (CJEU) to grant interim measures preventing the continued use of these laws c pending judgment.

These steps are essential to safeguard fundamental rights and uphold Article 5 of the AI Act, ensuring that the LGBTQI+ community in Hungary does not face the very harms the EU laws were meant to prevent. “Through its silence, the EU signals that governments can ignore essential safeguards for fundamental rights and civic space”, said Karolina Iwanska, ECNL Digital Rights Advisor.

Read the full open letter.

Contribution by: EDRi member, European Center for Not-for-profit Law (ECNL)