Legislation to regulate artificial intelligence (AI) is developing at a fast pace for European Union Member States. In April 2021, the European Commission proposed a regulation governing the use of artificial intelligence (the AI Act). Among other specifications, the proposed law defines a list of “high-risk AI systems”, such as the use of AI for recruitment purposes. High-risk AI is subject to certain requirements, including assessments and documentation relevant for the protection of fundamental rights. In addition, the Council of Europe started negotiations on an international (framework) Convention on AI in April 2022. This project will provide empirical analysis and guidance on how to assess high-risk AI in relation to fundamental rights, which will be done by focusing on selected use cases and a combination of desk-research and fieldwork.

Remote biometric identification (RBI) systems are used to identify people at a distance by comparing their unique biometric attributes with a database. The most common form of RBI is facial recognition technology. Several EU Member States are already using, testing or planning to use it for law enforcement purposes. While the technology potentially supports fighting terrorism and solving serious crimes, it also affects people’s fundamental rights. By analysing selected use-cases, this project seeks to assess the fundamental rights risks and outline safeguards necessary for the use of this technology by law enforcement authorities.