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17 Amendments of Jorge BUXADÉ VILLALBA related to 2021/0106(COD)

Amendment 468 #
Proposal for a regulation
Recital 19
(19) The use of those systems for the purpose of law enforcement shouldmust therefore be prohibited, except in three exhaustively listed and narrowly defined situations, where the use is strictly necessary to achieve a substantial public interest, the importance of which outweighs the risks. Those situations involve the search for potential victims of crime, including missing children; certain threats to the life or physical safety of natural persons or of a terrorist attack; and the detection, localisation, identification or prosecution of perpetrators or suspects of the criminal offences referred to in Council Framework Decision 2002/584/JHA38if those criminal offences are punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years and as they are defined in the law of that Member State. Such threshold for the custodial sentence or detention order in accordance with national law contributes to ensure that the offence should be serious enough to potentially justify the use of ‘real-time’ remote biometric identification systems. Moreover, of the 32 criminal offences listed in the Council Framework Decision 2002/584/JHA, some are in practice likely to be more relevant than others, in that the recourse to ‘real-time’ remote biometric identification will foreseeably be necessary and proportionate to highly varying degrees for the practical pursuit of the detection, localisation, identification or prosecution of a perpetrator or suspect of the different criminal offences listed and having regard to the likely differences in the seriousness, probability and scale of the harm or possible negative consequences. _________________ 38 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)with the exception of border control and in the context of the fight against terrorism.
2022/06/13
Committee: IMCOLIBE
Amendment 1053 #
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: IMCOLIBE
Amendment 1190 #
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 their social behaviour or known or predicted personal or personality characteristics, with the social score leading to either or both of the following:.
2022/06/13
Committee: IMCOLIBE
Amendment 1199 #
Proposal for a regulation
Article 5 – paragraph 1 – point c – point i
(i) detrimental or unfavourable treatment 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;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1211 #
Proposal for a regulation
Article 5 – paragraph 1 – point c – point ii
(ii) detrimental or unfavourable treatment of certain natural persons or whole groups thereof that is unjustified or disproportionate to their social behaviour or its gravity;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1241 #
Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
(d) the use and installation of 'real- time' or 'post' 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 objectivesexcept in relation to border control and in the context of the fight against terrorism:
2022/06/13
Committee: IMCOLIBE
Amendment 1245 #
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: IMCOLIBE
Amendment 1256 #
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: IMCOLIBE
Amendment 1268 #
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/JHA62and 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: IMCOLIBE
Amendment 1363 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
In addition, the use of ‘real-time’ or 'post' 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.
2022/06/13
Committee: IMCOLIBE
Amendment 1372 #
Proposal for a regulation
Article 5 – paragraph 3 – introductory part
3. As regards paragraphs 1, point (d) and 2, each individual use for the purpose of law enforcement of a ‘real-time’ or 'post' 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. If the prior justification does not comply with the principles of necessity and proportionality, the results obtained by the use of this technology may not be used for law enforcement purposes.
2022/06/13
Committee: IMCOLIBE
Amendment 1379 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
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’ or 'post' 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.
2022/06/13
Committee: IMCOLIBE
Amendment 1390 #
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’ or 'post' 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.
2022/06/13
Committee: IMCOLIBE
Amendment 2393 #
Proposal for a regulation
Article 56
Establishment of the European Artificial Intelligence Board 1. A ‘European Artificial Intelligence Board’ (the ‘Board’) is established. 2. The Board shall provide advice and assistance to the Commission in order to: (a) contribute to the effective cooperation of the national supervisory authorities and the Commission with regard to matters covered by this Regulation; (b) coordinate and contribute to guidance and analysis by the Commission and the national supervisory authorities and other competent authorities on emerging issues across the internal market with regard to matters covered by this Regulation; (c) assist the national supervisory authorities and the Commission in ensuring the consistent application of this Regulation.Article 56 deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2426 #
Proposal for a regulation
Article 57
Structure of the Board 1. The Board shall be composed of the national supervisory authorities, who shall be represented by the head or equivalent high-level official of that authority, and the European Data Protection Supervisor. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them. 2. The Board shall adopt its rules of procedure by a simple majority of its members, following the consent of the Commission. The rules of procedure shall also contain the operational aspects related to the execution of the Board’s tasks as listed in Article 58. The Board may establish sub-groups as appropriate for the purpose of examining specific questions. 3. The Board shall be chaired by the Commission. The Commission shall convene the meetings and prepare the agenda in accordance with the tasks of the Board pursuant to this Regulation and with its rules of procedure. The Commission shall provide administrative and analytical support for the activities of the Board pursuant to this Regulation. 4. The Board may invite external experts and observers to attend its meetings and may hold exchanges with interested third parties to inform its activities to an appropriate extent. To that end the Commission may facilitate exchanges between the Board and other Union bodies, offices, agencies and advisory groups.Article 57 deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2476 #
Proposal for a regulation
Article 58
Tasks of the Board When providing advice and assistance to the Commission in the context of Article 56(2), the Board shall in particular: (a) collect and share expertise and best practices among Member States; (b) contribute to uniform administrative practices in the Member States, including for the functioning of regulatory sandboxes referred to in Article 53; (c) issue opinions, recommendations or written contributions on matters related to the implementation of this Regulation, in particular (i) on technical specifications or existing standards regarding the requirements set out in Title III, Chapter 2, (ii) on the use of harmonised standards or common specifications referred to in Articles 40 and 41, (iii) on the preparation of guidance documents, including the guidelines concerning the setting of administrative fines referred to in Article 71.Article 58 deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2578 #
5. Member States shall report to the Commission on an annual basis on the status of the financial and human resources of the national competent authorities with an assessment of their adequacy. The Commission shall transmit that information to the Board for discussion and possible recommendations.
2022/06/13
Committee: IMCOLIBE