BETA

Activities of Rob ROOKEN related to 2021/0106(COD)

Plenary speeches (1)

2023/06/13
Dossiers: 2021/0106(COD)

Shadow reports (1)

2023/05/22
Committee: IMCO LIBE
Dossiers: 2021/0106(COD)
Documents: PDF(1 MB) DOC(746 KB)
Authors: [{'name': 'Brando BENIFEI', 'mepid': 124867}, {'name': 'Dragoş TUDORACHE', 'mepid': 197665}]

Amendments (27)

Proposal for a regulation
Article 2 – paragraph 3

3. This Regulation shall not apply to AI systems developed or used ~~exclusively~~ for military purposes.

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 3 – paragraph 1 – point 1

(1) ‘artificial intelligence system’ (AI system) ~~means software that is developed with one or mo~~refers to systems designed by humans that, given a complex goal, act in the physical or digital world by perceiving their environment, interpreting the collected structured o~~f the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisions~~r unstructured data, reasoning on the knowledge derived from this data and deciding the best action(s) to take (according to pre-defined parameters) to achieve the given goal. AI systems can also be designed to learn to adapt theirbehaviour by analysing how the environment is affected by their previous actions. As a scientific discipline, AI includes several approaches and techniques, such as machine learning (of which deep learning and reinforcement learning are specific examples), machine reasoning (which includes planning, scheduling, knowledge representation and reasoning, search, and optimization), and robotics(which infclu~~encing the environment~~des control, perception, sensors and actuators, as well as they integra~~ct with~~tion of all other techniques into cyber-physical systems);

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 3 – paragraph 1 – point 36

(36) ‘remote biometric identification system’ means an AI system for the purpose of identifying natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database~~, and without prior knowledge of the user of the AI system whether the person will be present and can be identified~~ ;

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 3 – paragraph 1 – point 38 a (new)

(38 a) 'deepfakes' means manipulated or synthetic audio or video which appears to be authentic, and which feature people, without their consent/awareness, or events that are false and/or misleading, produced using artificial intelligence techniques, including machine learning and deep learning;

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 3 – paragraph 1 – point 44 – point a

(a) the death of a person or serious damage to a person’s ~~health~~physical health, mental health or wellbeing, to property or the environment,

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 5 – paragraph 1 – point b

(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of a spe~~cific~~rson or a group of persons ~~due~~based on any characteristic or a combination thereof, including but not limited to: their age, ~~physical or mental disability~~race, sex, colour, health status, social and economic status, disability, political or other opinion, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 5 – paragraph 1 – point c – introductory part

(c) the placing on the market, putting into service or use of AI systems ~~by public authorities or on their behalf for the evaluation or classification of the trustworthiness of natural persons over a certain period of time based on~~for the scoring, evaluation or classification of natural persons or groups thereof relating to their social behaviour or known or predicted personal or personality characteristics, w~~ith~~here the s~~ocial score~~core or assessment lead~~ing~~s to ~~either or both~~any of the following:

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 5 – paragraph 1 – point c – point i

(i) detrimental or unfavourable treatment affecting the fundamental rights of certain natural persons or whole groups thereof in social contexts which are unrelated to the contexts in which the data was originally generated or collected;

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 5 – paragraph 1 – point c – point ii a (new)

(ii a) treatment of certain natural persons or whole groups thereof otherwise amounting to an unnecessary or disproportionate restriction on fundamental rights.

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part

(d) the ~~use of ‘real-time’~~placing on the market and use of remote biometric identification systems in publicly accessible spaces ~~for the purpose of law enforcement, unless and in as far as such use is strictly necessary for one of the following objectives:~~;

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 5 – paragraph 1 – point d – point i

~~(i) the targeted search for specific potential victims of crime, including missing children;~~deleted

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 5 – paragraph 1 – point d – point ii

~~(ii) the prevention of a specific, substantial and imminent threat to the life or physical safety of natural persons or of a terrorist attack;~~deleted

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii

(iii) the detection, localisation, identification or prosecution of a perpetrator or suspect of a criminal offence referred to in Article 2(2) of Council Framework Decision 2002/584/JHA62 and punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State. _________________ 62 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).deleted

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)

(d a) The use of private biometric databases for the purpose of law enforcement;

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 5 – paragraph 1 – point d b (new)

(d b) The placing on the market, putting into service or use of ‘emotion recognition systems’;

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 5 – paragraph 1 – point d c (new)

(d c) The use of biometric categorisation systems;

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 5 – paragraph 2

2. The use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall take into account the following elements: (a) the nature of the situation giving rise to the possible use, in particular the seriousness, probability and scale of the harm caused in the absence of the use of the system; (b) the consequences of the use of the system for the rights and freedoms of all persons concerned, in particular the seriousness, probability and scale of those consequences. In addition, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall comply with necessary and proportionate safeguards and conditions in relation to the use, in particular as regards the temporal, geographic and personal limitations.deleted

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 5 – paragraph 3

3. As regards paragraphs 1, point (d) and 2, each individual use for the purpose of law enforcement of a ‘real-time’ remote biometric identification system in publicly accessible spaces shall be subject to a prior authorisation granted by a judicial authority or by an independent administrative authority of the Member State in which the use is to take place, issued upon a reasoned request and in accordance with the detailed rules of national law referred to in paragraph 4. However, in a duly justified situation of urgency, the use of the system may be commenced without an authorisation and the authorisation may be requested only during or after the use. The competent judicial or administrative authority shall only grant the authorisation where it is satisfied, based on objective evidence or clear indications presented to it, that the use of the ‘real- time’ remote biometric identification system at issue is necessary for and proportionate to achieving one of the objectives specified in paragraph 1, point (d), as identified in the request. In deciding on the request, the competent judicial or administrative authority shall take into account the elements referred to in paragraph 2.deleted

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 5 – paragraph 4

4. A Member State may decide to provide for the possibility to fully or partially authorise the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement within the limits and under the conditions listed in paragraphs 1, point (d), 2 and 3. That Member State shall lay down in its national law the necessary detailed rules for the request, issuance and exercise of, as well as supervision relating to, the authorisations referred to in paragraph 3. Those rules shall also specify in respect of which of the objectives listed in paragraph 1, point (d), including which of the criminal offences referred to in point (iii) thereof, the competent authorities may be authorised to use those systems for the purpose of law enforcement.deleted

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 16 – paragraph 1 – point j a (new)

(j a) conduct and publish a fundamental rights impact assessment.

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 29 – paragraph 6 a (new)

6 a. Users of high-risk AI systems shall conduct and publish a fundamental rights impact assessment.

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Article 29 a (new)

Article 29 a Fundamental rights impact assessment for users of high-risk AI Users of high-risk AI systems as defined in Article 6(2) shall conduct an assessment of the systems’ impact in the context of use before putting the system into use. This assessment shall include, but is not limited to, the following: a. a clear outline of the intended purpose for which the system will be used; b. a clear outline of the intended geographic and temporal scope of the system’s use; c. verification of the legality of the system in accordance with Union and national law, fundamental rights law, Union accessibility legislation, and the extent to which the system is in compliance with this Regulation; d. the likely impact on fundamental rights of the high-risk AI system, including any indirect impacts or consequences of the system’s use; e. any specific risk of harm likely to impact persons or groups of persons at risk of discrimination, or increase existing societal inequalities; f. risk to the health of individuals and public health; g. any other negative impact on the public interest; and h. clear steps as to how the harms identified will be mitigated, and how effective this mitigation is likely to be.

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Title VI – Chapter 2 a (new)

2a Effective remedies Create a comprehensive remedies framework for affected persons, including a right for individuals to bring complaints, a right to bring collective action; and a right to information.

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Title VI – Chapter 2 b (new)

2b The right to object to the use of automated decision-making in high-risk areas Individuals shall have the right not to be subject to a decision based solely on automated processing by high-risk AI systems in Annex III which significantly affects them.

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Annex III – paragraph 1 – point 1 – introductory part

1. Biometric or biometrics-based profiling, including identification and categorisation of natural persons:

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a

(a) AI systems ~~intended to be~~ used for the ‘real-time’ and ‘post’ ~~remote~~ biometric identification of natural persons;

2022/06/13
Committee: IMCO LIBE

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a a (new)

(a a) AI categorisation systems using biometric or biometrics-based data;

2022/06/13
Committee: IMCO LIBE