Resistance to biometric mass surveillance is growing

The campaign for a ban on the controversial deployment of facial
recognition systems in public spaces is gaining supporters: The European
Parliament’s Rapporteur on the upcoming AI Act, Brando Benifei, last
night spoke out for a ban at a high-level panel debate featuring the
award winning director of ‘Coded Bias’, Shalini Kantayya; MEP and
rapporteur on the upcoming Artificial Intelligence Act (S&D), the
European Data Protection Supervisor, Wojciech Wiewiórowski; MEP in the
Greens/EFA group and shadow rapporteur for the Artificial Intelligence
Act, Kim van Sparrentak; head of sector for artificial intelligence
policy at  DG CNECT at the European Commission, Irina Orssich; and  EDRi
policy officer and coordinator of the European Citizens' Initiative
"Reclaim Your Face", Ella Jakubowska.

The discussion took place ahead of two important parliamentary decisions
on the use of artificial intelligence in the European Union; next week's
plenary vote on Artifical Intelligence in criminal law and the upcoming
Artificial Intelligence Act. It was organised as part of the Greens/EFA
campaign to ban biometric mass surveillance in public spaces.[1]

During the debate, European Data Protection Supervisor, Wojciech
Wiewiórowski echoed the concerns of Patrick Breyer and of the Reclaim
Your Face Initiative[2], that biometric mass surveillance in publicly
accessible places could inhibit a diverse society and result in
“chilling effects”. Rapporteur for the AI Act, Brando Benifei also
shared concerns over the risk posed by biometric mass surveillance to
fundamental rights, saying “In the hands of authorities of Member States
where the rule of law and separation of powers might not be fully
respected, [real-time biometric recognition in public spaces] can lead
to massive abuses”.[3] He went on to add that he supports the ban on
biometric mass surveillance in publicly accessible spaces put forward by
the European Commission in the proposed AI Act[4], but that the
exceptions the Commission suggested are too wide.

The panel also discussed the topic of algorithmic bias, with Kim van
Sparrentak expressing concern over the neutrality that is commonly
attributed to algorithmic decisions: “We have created this myth that
computers are always right, and that is something we really have to be
careful of, especially in the justice system.” These concerns were
echoed by Ella Jakubowska, who warned that uses of AI by law enforcement
are further reinforcing patterns of discrimination and over-policing.
She further highlighted that while many are calling to simply fix the
biases in AI datasets, EDRi’s latest report “reveals the limitations of
trying to fix complex social problems with technology”.[5]

The event comes in the context of next week’s vote on the European
Parliament’s report[6] on  artificial intelligence in criminal law,
which is expected to express the Parliament’s opposition to biometric
mass surveillance, as well as in the context of an EDRi campaign urging
European representatives to speak out against biometric mass
surveillance at the EU-U.S. Trade Technology Council today.[7]

It also provides lawmakers and civil society with a chance to discuss
the upcoming Artificial Intelligence Act, which will be decisive in
shaping how artificial intelligence is used in Europe, and will give
lawmakers a chance to vote to ban biometric mass surveillance throughout
the Union. In the words of Shalini Kantayya: “We are in a pivotal moment
in history where technologies of the future are outpacing laws that
govern them [...] It is my deep belief that conversations like this one
can change the world. Europe is helping to set a global standard for how
these technologies are used around the world.”

[1] Greens/EFA campaign against mass biometric surveillance
[2] Reclaim Your Face Citizen’s initiative
[3] AI act Rapporteur, Brando Benifei’s intervention
[4] Proposed AI Act
[5] EDRi’s latest report
[6] European Parliament’s report on  artificial intelligence in criminal
law
[7] EDRi campaign

Missed the event?

You can re-watch the panel debate here.
You can re-watch AI act Rapporteur, Brando Benifei’s intervention here.

Further reading

EDPS/EDPB statement asking for a ban of BMS

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