am com nonlegopinion - european parliamentam\1209390en.docx pe654.068v01-00 enunited in diversityen...

$: AM Com NonLegOpinion - European ParliamentAM\1209390EN.docx PE654.068v01-00 ENUnited in diversityEN European Parliament 2019-2024 Committee on Civil Liberties, Justice and Home Affairs$
AM\1209390EN.docx PE654.068v01-00

EN United in diversity EN

European Parliament2019-2024

Committee on Civil Liberties, Justice and Home Affairs

2020/2013(INI)

28.7.2020

AMENDMENTS1 - 82Draft opinionPatryk Jaki(PE652.639v01-00)

Artificial intelligence: questions of interpretation and application of international law in so far as the EU is affected in the areas of civil and military uses and of state authority outside the scope of criminal justice(2020/2013(INI))

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Amendment 1Sergey Lagodinsky

Draft opinionCitation 1 (new)

Draft opinion Amendment

– having regard to Articles 2 and 3 of the Treaty on European Union (TEU),

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– having regard to Articles 10, 19, 21 and 167 of the Treaty on the Functioning of the European Union (TFEU),

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– having regard to the right to petition enshrined in Articles 20 and 227 of the TFEU and Article 44 of the Charter of Fundamental Rights of the European Union (EUCFR),

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– having regard to Articles 21 and 22 of the EUCFR,

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– having regard to the preamble to the TEU,

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– having regard to the Council of Europe’s Framework Convention for the Protection of National Minorities, Protocol No 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms, and the European Charter for Regional or Minority Languages,

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– having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin1a (Racial Equality Directive),1a OJ L 180, 19.7.2000, p. 22.

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– having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation1a (Equal Treatment in Employment Directive),1a OJ L 303, 2.12.2000, p. 16.

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– having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)1a (GDPR), and to Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA1b,1a OJ L 119, 4.5.2016, p. 1.1b OJ L 119, 4.5.2016, p. 89

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– having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 December 2019 on The European Green Deal,

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– having regard to its resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics1a,1a OJ C 252, 18.7.2018, p. 239.

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– having regard to the OECD Council Recommendation on Artificial Intelligence adopted on 22 May 2019,

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– having regard to its resolution of 12 September 2018 on autonomous weapon systems1a,1a European Parliament resolution of 12 September 2018 on autonomous weapon systems (2018/2752(RSP))

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https://www.europarl.europa.eu/doceo/document/TA-8-2018-0341_EN.html

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Draft opinionRecital A (new)


A. whereas the development and design of so-called ‘artificial intelligence’, robotics and related technologies is done by humans, and their choices determine the potential of technology to benefit society;

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Draft opinionRecital B (new)


B. whereas ethical guidance, such as the principles adopted by the High-Level Expert Group on Artificial Intelligence, provides a good starting point but is not enough to ensure that businesses act fairly and guarantee the effective protection of individuals;

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Draft opinion

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paragraph 1


1. Sees the great potential offered by the use and development of artificial intelligence as an opportunity for more rapid economic development in the EU;

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Amendment 17Clare DalyMick WallaceKonstantinos Arvanitis

Draft opinionparagraph 1



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Amendment 18Paul Tang




1. Underlines that the use of Artifical Intelligence need to fully respect fundamental rights, freedoms and values, including privacy, the protection of personal data, non-discrimination and the freedom of expression and information, as enshrined in the EU Treaties and the Charter of Fundamental Rights of the European Union; Calls in that regard on

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the Commission to implement an obligation of transparency and explainability of AI applications, penalties to enforce such obligations, the necessity of human intervention, as well as other measures, such as independent audits and specific stress tests to assist and enforce compliance; Such independent audits should be conducted annually, in analogy with the financial sector, to examine whether the used AI-applications and checks and balances are in accordance with specified criteria and are supervised by an independent sufficient overseeing authority;

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Amendment 19Klára Dobrev




1. Sees the great potential offered by the use and development of artificial intelligence as an opportunity for more rapid economic development in the EU; stresses however that in order to harness these opportunities the EU should adopt an appropriate legal framework to mitigate the risks, ensure its ethical use, and prevent its use for malicious purposes; such a framework should clearly determine appropriate liability, accountability, security and traceability regimes;

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Amendment 20Emil Radev

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1. Underlines the great potential offered by the use and the development of artificial intelligence as an opportunity to enhance the security of our continent and citizens, as well as for more rapid economic development in the EU; Draws attention to the fact that many Member States use artificial intelligence in the military field and underlines the importance for the EU to play an important and adequate role in the future international discussions on this topics;

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Amendment 21Roberta MetsolaEmil RadevKris Peeters




1. Acknowledges the great potential offered by the development, deployment and use of artificial intelligence as an opportunity for more rapid economic development in the EU, and greater security both within the EU and in its external relations;

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Draft opinionparagraph 1 a (new)


1 a. Recalls that the European Parliament has already called twice, in 2014 and 2018, for a ban on (lethal) autonomous weapons (LAWs);

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1 a. Notes the regulatory advances that some Member States have made; emphasises the importance of a common European approach;

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Draft opinionparagraph 1 b (new)


1 b. Emphasises that lethal autonomous weapons systems (LAWS) have the potential to fundamentally change warfare, dramatically accelerate the speed and sequence of hostile military interactions and trigger unprecedented

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arms races; emphasises also that the use of LAWS raises fundamental ethical and legal questions over human control, in particular with regard to critical functions such as target selection and engagement; and stresses the fact that the use of LAWS raises key questions about the applicability of international human rights law and international humanitarian law with regard to future military actions;

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1 b. Notes concerns that Artificial Intelligence, when improperly designed and developed, may lead to bias and discrimination; commits to finding regulatory and policy solutions to ensure that discrimination is not enforced but rather, eliminated, through the use of existing and emerging technologies;

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Draft opinionparagraph 1 c (new)

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1 c. Recalls the August 2017 open letter from 116 founders of leading robotics and artificial intelligence companies to the United Nations Convention on Certain Conventional Weapons, which stated that ‘lethal autonomous weapons threaten to become the third revolution in warfare...[which]...will permit armed conflict to be fought at a scale greater than ever, and at timescales faster than humans can comprehend,' and warned that 'Once this Pandora’s box is opened, it will be hard to close'1a;1a https://www.cse.unsw.edu.au/~tw/ciair//open.pdf

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1 c. Stresses the importance of training civil and military personnel in the revised Coordinated Plan on Artificial Intelligence, also in close cooperation with Member States, in the proper deployment and use of Artificial Intelligence, including in the accurate identification of data drift during machine learning, to avoid discrimination and bias in data sets;

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Draft opinionparagraph 1 d (new)


1 d. Recalls the Chemical Weapons Convention banning the production, stockpiling, and use of chemical weapons and their precursors; recalls the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction; notes that prohibitions on the production and use of entire categories of weapons has strong global precedents;

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2. Stresses that the use, creation and management of artificial intelligence must respect the fundamental rights, values and freedoms expressed in the EU Treaties and in the idea underpinning the creation of the European Union; welcomes the publication of the Commission's White Paper on Artificial Intelligence and encourages deeper research into the use of Artificial Intelligence by state authorities; stresses that the European Union must contribute to the creation of an international legal framework for the use

2. Stresses that the use, creation and management of artificial intelligence must respect EU law, according to the Charter of Fundamental Rights, the EU Treaties and the goals and values, including in particular combatting discrimination on the basis of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, the right to the protection of your personal data, and or the right to get access to justice, of the European Union, as well as the general principles of the European Convention on Human Rights;

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of AI, especially in the context of building the strategic advantage that AI can offer;

welcomes the publication of the Commission's White Paper on Artificial Intelligence; notes that AI technologies enable the automation of information processing and action to an unprecedented scale such as mass surveillance in civil and military domains, which poses a threat to fundamental rights and paves the way for unlawful intervention within state sovereignty, as illustrated by the case of Cambridge Analytica; calls for the scrutiny of mass surveillance activities under international law jurisdiction and enforcement standards; Calls for an international ban of highly intrusive social scoring as infringement of human rights; Considering the decisional hegemony and control of certain private actors on the development of such technologies, calls for strengthening the accountability of such private actors under international law; encourages deeper research into the use of Artificial Intelligence by state authorities; stresses that the European Union must contribute to the reassessment of the existing, and the creation of an international legal framework for the research and development, creation, use, maintenance, and advancement of AI, especially in the context of building the advantages that AI can offer, while countering and remedying any potential risks, in particular with regard to the principles of territorial integrity, of non-intervention, and use of force; calls on the Commission to facilitate research into, and the discourse about, opportunities of using AI in disaster relief, crisis prevention, and upholding peace;

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Draft opinion

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paragraph 2


2. Stresses that the use, creation and management of artificial intelligence must respect the fundamental rights, values and freedoms expressed in the EU Treaties and in the idea underpinning the creation of the European Union; welcomes the publication of the Commission's White Paper on Artificial Intelligence and encourages deeper research into the use of Artificial Intelligence by state authorities; stresses that the European Union must contribute to the creation of an international legal framework for the use of AI, especially in the context of building the strategic advantage that AI can offer;

2. Stresses that the use, creation and management of artificial intelligence must respect the fundamental rights, values and freedoms expressed in the EU Treaties, in the EU Charter of Fundamental Rights and in the idea underpinning the creation of the European Union; stresses the need of safeguarding and promote the principles such as democracy, the rule of law, principle of non-discrimination, diverse and independent media etc, while developing, deploying and using artificial intelligence, robotics and related technologies: welcomes the publication of the Commission's White Paper on Artificial Intelligence, however notes that the Commission doesn’t include the use of the AI for military purposes into it; stresses that the European Union must contribute to the creation of an international legal framework for the use of AI, especially in the context of building the strategic advantage that AI can offer: in order to do this the EU needs a common framework that is dealing with all the aspects of the AI use including among others the military aspects;

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2. Stresses that the use, creation and management of artificial intelligence must respect the fundamental rights, values and

2. Stresses the fact that the use, creation and management of artificial intelligence must respect the fundamental

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freedoms expressed in the EU Treaties and in the idea underpinning the creation of the European Union; welcomes the publication of the Commission's White Paper on Artificial Intelligence and encourages deeper research into the use of Artificial Intelligence by state authorities; stresses that the European Union must contribute to the creation of an international legal framework for the use of AI, especially in the context of building the strategic advantage that AI can offer;

rights, values and freedoms expressed in the EU Treaties and in the idea underpinning the creation of the European Union; stresses that the European Union must contribute to the creation of an international legal framework for the use of AI;

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2. Stresses that the use, creation and management of artificial intelligence must respect the fundamental rights, values and freedoms expressed in the EU Treaties, the Charter of Fundamental Rights and in the principles underpinning the creation of the European Union; takes note of the publication of the Commission's White Paper on Artificial Intelligence and encourages deeper research into the use of Artificial Intelligence; stresses that the European Union must be in the forefront of the creation of an international legal and ethical framework for the use of AI rooted in the principles of human rights, especially in the context of military use; calls for confidence-building and risk-reduction measures with global actors regarding the development and use of military AI;

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Amendment 33Dragoş Tudorache




2. Stresses that the use, creation and management of artificial intelligence must respect the fundamental rights, values and freedoms expressed in the EU Treaties and in the idea underpinning the creation of the European Union; welcomes the publication of the Commission's White Paper on Artificial Intelligence and encourages deeper research into the use of Artificial Intelligence by state authorities and restraint by all Member States before deploying artificial intelligence systems that can pose threats to fundamental rights in the public sector; stresses that the European Union must contribute to the creation of an international legal framework for the use of AI, especially in the context of building the strategic advantage that AI can offer;

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2. Stresses that the use, creation and management of artificial intelligence must respect the fundamental rights, values and freedoms expressed in the EU Treaties and in the idea underpinning the creation of the European Union; welcomes the publication of the Commission's White Paper on

2. Stresses that the development, deployment, use and management of artificial intelligence must respect the fundamental rights, values and freedoms expressed in the EU Treaties, specifically the principles enshrined in Article 2 TEU, and in the idea underpinning the creation of

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Artificial Intelligence and encourages deeper research into the use of Artificial Intelligence by state authorities; stresses that the European Union must contribute to the creation of an international legal framework for the use of AI, especially in the context of building the strategic advantage that AI can offer;

the European Union; welcomes the publication of the Commission's White Paper on Artificial Intelligence and encourages deeper research into the use of Artificial Intelligence by state authorities and agencies, bodies and institutions of the European Union; stresses that the European Union must contribute to the creation of an international legal framework for the use of AI, especially in the context of building and harnessing the strategic advantage that AI can offer;

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2. Emphasises that the rapid development of AI requires a strong futureproof legislative framework to protect personal data and privacy; Stresses therefore in this regard that all AI applications need to fully respect Union data protection law, namely Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR)1a and Directive (EC) 2002/58 of the European Parliament and of the Council (ePrivacy)1b currently under revision, freedom of expression and non-discrimination;1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1);

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1b Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

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2 a. Calls on the Commission Vice-President / High Representative for Foreign Affairs and Security Policy (VP/HR) to take the lead in urging all states to progress global negotiations on an AI arms control regime without any delay, and to update all existing Treaty instruments dedicated to arms control, disarmament and non-proliferation so as to provide for a ban on the development, use and proliferation of AI-enabled autonomous weapons systems in warfare, regardless of the degree of automation; calls also for the VP/HR, the Member States and the Council to urgently develop and adopt a common position banning the development, use and proliferation of autonomous weapon systems systems, regardless of the degree of automation;

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2 a. Recalls that our allies within a national, NATO or EU framework are themselves in the process of integrating AI into their military systems. Believes that the interoperability with our allies must be preserved by means of common standards, which are essential for the conduct of operations in coalition. Apart from that, AI cooperation should beset in a European framework, which is the only relevant framework for truly generating powerful synergies, as proposed by the EU’s AI strategy;

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2 a. Recalls that AI may give rise to biases and thus to various forms of discrimination such as gender, race, color, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, agesexual orientation, gender expression and sex characteristics; in this regard, recalls that everyone’s rights must be ensured and that AI initiatives must not be discriminatory in any form;

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2 a. Stresses that a comprehensive AI regulatory and strategic framework is needed at EU level in the field of security and defence, that is based on responsibility, protecting our citizens, preserving peace, preventing conflicts and strengthening international security which could be a basis for international norms and standards;

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2 b. Notes the work of the UN Group of Governmental Experts on Lethal Autonomous Weapons Systems (LAWS); calls on the UN to step up efforts to foster dialogue among all relevant parties with a view to urgently banning the development, use and proliferation of all autonomous weapons systems, regardless of the degree of automation, whether within the Convention on Certain Conventional Weapons or in a newly drafted convention banning these weapons; calls for all existing multilateral efforts to be accelerated so that normative and regulatory frameworks are not outpaced by technological development and new

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methods of warfare;

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2 b. Stresses the importance of taking into account all aspects of AI, including the military ones, in addressing legal and ethical issues in the European framework on AI;

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2 c. Stresses, in light of the complexity of AI-enabled weapons systems and systems and the fact that emergence is a typical property of AI technologies, the difficulty of either defining or monitoring ‘meaningful human oversight’ of autonomous weapons, in particular in the theatre of war; emphasises that lengthy negotiations over definitions and monitoring of meaningful human oversight of weapons of different degrees of autonomy will inevitably result in technological development rapidly outpacing regulation and the deployment of lethal autonomous weapons before any

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adequate regulatory framework is in place; insists that the precautionary principle necessitates an immediate ban on the development and use of all autonomous weapons, not just fully autonomous weapons;

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2 c. Underlines the importance to have an action at European level in order to help fostering much needed investment, data infrastructure, research and common ethical norms; encourages deeper research into the use of Artificial Intelligence by state authorities;

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Amendment 44Emil RadevRoberta Metsola



2 d. Notes that data-driven algorithmic tools process large amounts of data quickly, extract patterns from the data that humans cannot otherwise detect, and make reliable predictions; the processing, sharing of, access to and use of such data must be governed in accordance with the requirements of quality, integrity, transparency, security, privacy and

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control; Stresses the need all over the development, deployment and use of artificial intelligence, robotics and related technologies, to respect the EU legal framework on data protection and privacy in order to increase citizens’ safety and trust in those technologies;

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2 d. Calls for an end to all research into the progressive automation of weapons systems; deplores and calls for an end to the AI ‘arms race’;

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Draft opinionparagraph 2 e (new)


2 e. Calls that the artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, regardless of the field in which they are used, should be developed in a secure and technically rigorous manner and in good faith;

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3. Notes that artificial intelligence has great potential in the fight against crime, online terrorist content and cybercrime; considers that, in each of these cases, there must be certainty that its use does not lead to the unjustified deletion or blocking of content and thus to the censorship of or discrimination against views expressed online;

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3. Notes that the use of artificial intelligence in fighting crime and cyber crime brings a wide range of possibilities and opportunities, in order to let the principle what is illegal offline is illegal online prevail, while at the same time posing risks to the protection of civil liberties, as the freedom of expression and the non-discrimination principle; Underlines therefore the need for transparency and explainability of AI algorithms and human oversight and verification and for due process,

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including the right of appeal, especially for decisions taken within the framework of prerogatives of public power;

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3. Notes the potential of artificial intelligence in the fight against crime, including cybercrime; highlights in this regard the importance of a free and open internet as a tool for emancipation of persons, especially in unveiling and countering sexual discrimination and harassment, racism, individual as well as structural, as well as the self-fulfilment of sexual minorities, women and others; considers that, in each of these cases, there must be certainty that its use does not lead to the unjustified deletion or blocking of content and thus to the suppression of fundamental rights;

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3. Notes that artificial intelligence has great potential in the fight against crime, online terrorist content and cybercrime; considers that, in each of these cases, there must be certainty that its use does not lead

3. Notes that artificial intelligence has great potential in the fight against crime, such as money laundering, terrorist financing, online terrorist content and cybercrime; considers that, there must be

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to the unjustified deletion or blocking of content and thus to the censorship of or discrimination against views expressed online;

certainty that the use of AI does not lead to the unjustified deletion or blocking of legal content and thus to the censorship of or discrimination against views expressed online; notes that AI based cyber security systems can provide effective security standards and help develop better prevention and recovery strategies;

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Amendment 51Roberta MetsolaEmil Radev




3. Notes that artificial intelligence has great potential in the fight against crime, online terrorist content and cybercrime; calls on the Parliament and the Council to conclude negotiations on the Terrorist Content Online Regulation; considers that, in each of these cases, there must be certainty that its use does not lead to the unjustified deletion or blocking of content and thus to the censorship of or discrimination against views expressed online, except where this concerns illegal content online;

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3. Notes that artificial intelligence has 3. Stresses that the design and

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great potential in the fight against crime, online terrorist content and cybercrime; considers that, in each of these cases, there must be certainty that its use does not lead to the unjustified deletion or blocking of content and thus to the censorship of or discrimination against views expressed online;

operation of artificial intelligence should respect human dignity, rights, freedoms and cultural diversity, stresses that AI systems should be designed and operated in a non-biased and non-discriminatory manner;

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3. Notes that artificial intelligence has the potential to help in the fight against crime, online terrorist content and cybercrime; considers that, in each of these cases, there must be certainty that its use does not lead to abuse, discrimination, violation of fundamental rights or the unjustified deletion or blocking of content and thus to the censorship of or discrimination against views expressed online;

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3 a. Observes that AI is used to manipulate face- and audiovisual characteristics, often referred to as deepfakes; Notes that this technique can

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be used to promote terrorist and other illegal views and to disseminate disinformation; Asks the Commission therefore to impose an obligation for all deepfake material or any other realistically made synthetic videos, to state it's not original, a strict limitation when used for electoral purposes and strong enforcement;

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3 a. Considers that artificial intelligence could contribute to strengthening the area of freedom, security and justice also with regards to the management of the common borders;

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3 a. Considers that artificial intelligence could contribute to strengthening the area of freedom, security and justice also with regards to the management of the common borders;

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3 b. Emphasises the importance of the protection of personal data and privacy; Observes the rapid development of AI applications to recognise unique characteristic elements, such as facial, movements and attitudes; Warns for interferences of privacy, non-discrimination and the protection of personal data with the use of automated recognition applications; Calls on the Commission to consider an absolute ban on the use of facial recognition systems in the public space and in premises meant for education and (health) care and a moratorium on the deployment of facial recognition systems for law enforcement in semi-public spaces, such as airports, until the technical standards can be considered fully fundamental rights compliant, results derived are non-discriminatory, and there is public trust in the necessity and proportionality for the deployment of such technologies;

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3 b. Stresses that persons should have the right to access, manage and control their data in AI-enabled systems and

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information should be available to them on what type of information the system is allowed to record. for how long the data is stored and who can have access to that information;

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Amendment 59Roberta MetsolaKris Peeters



4. Stresses that all operations undertaken by artificial intelligence must always remain under human supervision; stresses that artificial intelligence in the justice system should be used to improve the analysis and collection of data and the protection of victims, but that it is no substitute for human beings in terms of sentencing or decision-making;

4. Stresses that all operations using Artificial Intelligence in a high-risk environment must always remain under human supervision; calls on the Commission to establish a clear set of criteria to determine the various levels of risk in environments that Artificial Intelligence technologies are designed for and deployed to, taking into consideration existing EU legislation; points out that human supervision is also prone to error and that the overall design of AI systems should also include clear guidelines on human supervision and oversight; stresses that artificial intelligence in the justice system should be used to improve the analysis and collection of data and the protection of victims, but that it is no substitute for human beings in terms of sentencing or decision-making;

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4. Stresses that all operations undertaken by artificial intelligence must always remain under human supervision throughout their entire life-cycle, and legal responsibility for any decision must be born by easily identifiable humans, in particular with regards to lethal automatic weapons; recalls in this respect its position on a ban on the development, production and use of fully autonomous weapons systems to avoid any destabilising AI arms race; regrets that no explicit conventions exist on a global scale on the use of such weapons;stresses that artificial intelligence in civil justice could be used to improve the analysis of data and the protection of victims, but that it is no substitute for human beings in terms of sentencing or decision-making;

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4. Stresses that all operations undertaken by artificial intelligence must always remain under human supervision and have the possibility for humans if necessary to take over the control at any moment especially in the use of the AI for military purposes; Recalls that humans must always bear ultimate responsibility for decision-making that involves risks to the achievement of public interest objectives; stresses that artificial intelligence in the justice system should be

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used to improve the analysis and collection of data and the protection of victims, but that it is no substitute for human beings in terms of sentencing or decision-making;

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4. Stresses that all operations undertaken by artificial intelligence must always remain under human supervision and have the possibility for humans if necessary to take over the control at any moment especially in the use of the AI for military purposes; Recalls that humans must always bear ultimate responsibility for decision-making that involves risks to the achievement of public interest objectives; stresses that artificial intelligence in the justice system should be used to improve the analysis and collection of data and the protection of victims, but that it is no substitute for human beings in terms of sentencing or decision-making;

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4. Stresses that all operations 4. Stresses that all operations

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undertaken by artificial intelligence must always remain under human supervision; stresses that artificial intelligence in the justice system should be used to improve the analysis and collection of data and the protection of victims, but that it is no substitute for human beings in terms of sentencing or decision-making;

undertaken by artificial intelligence must always remain under human supervision; stresses that artificial intelligence in the justice system is no substitute for human beings in terms of sentencing or decision-making; advises utmost caution and strict civilian control in the use of artificial intelligence in making or informing decisions related to fundamental rights and liberties;

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4. Stresses that all actions by artificial intelligence must always remain under human control; stresses that the use of artificial intelligence in the justice system should be explored in research and development, accompanied by impact assessments, in particular regarding safeguards for due process, and against bias and discrimination, applying a precautionary principle;

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4. Stresses that all operations undertaken by artificial intelligence must always remain under human supervision;

4. Stresses that all operations undertaken by artificial intelligence must always remain under human supervision

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stresses that artificial intelligence in the justice system should be used to improve the analysis and collection of data and the protection of victims, but that it is no substitute for human beings in terms of sentencing or decision-making;

and intervention; stresses that artificial intelligence in the justice system should be used to improve the analysis and collection of data and the protection of victims, but that it is no substitute for human beings in terms of sentencing or decision-making;

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4 a. Calls for algorithmic explainability, transparency and regulatory oversight when artificial intelligence is used by public authorities, and impact assessments to be conducted before tools resorting to Artificial Intelligence technologies are deployed by state authorities, emphasises the importance of verifying how Artificial Intelligence technologies arrived at a decision or command when deployed in high-risk environments; recalls that humans must always bear ultimate responsibility for decision-making;

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4 a. Considers it necessary to create a clear and fair international regime for assigning legal responsibility for adverse consequences produced by these advanced digital technologies; underlines that the first and foremost aim must be to pre-empt such consequences; thus calls for the consequent application of the precautionary principle for all applications of AI in this area;

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4 a. Recalls the importance of governance, transparency, impartiality, accountability, fairness and intellectual integrity principles in the use of AI in criminal justice;

Or. en

Amendment 69Emil Klára Dobrev



4 a. Calls on the member states to make information available regarding the AI systems used by the public sector in an easily-readable and accessible manner;

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4 b. Underlines that any disadvantageous decision about a natural person that is based solely on automated processing, including profiling, and which produces an adverse legal effect concerning the data subject or significantly affects him or her, is prohibited under Union law, unless authorised by Union or Member State law which at least provides for the right to obtain human intervention; reminds that decisions in the exercise of state authority are almost always decisions that have a legal effect on the person affected, due to the executive nature; calls on the Commission, the European Data Protection Board and other independent supervisory authorities to issue guidelines, recommendations and best practices in order to further specify the criteria and conditions for decisions based on profiling and the use of AI for the exercise of state authority, and to engage internationally to develop an international legal framework;

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4 b. Is deeply concerned about the deep fake technologies that allow increasingly realistic photo, audio and video forgeries that could be used for blackmailing, to generate false news reports, erode public trust and influence public discourse; underlines that AI also enables comprehensive behavioral profiling using digital footprint of a person which can also be used for targeted influence operations or blackmailing; both practices have the potential of destabilizing countries, spreading disinformation and influence elections; calls for adequate research in this regard to ensure that countering technologies keep pace with the malicious use of AI;

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4 b. Recalls that the principle of proportionality needs to be respected and that questions of causality and liability need to be clarified to determine the extent to which the State as an actor in public international law, but also in exercising its own authority, can actually transfer that authority to systems based on AI, which have a certain autonomy;

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4 c. calls for a ban on automated, non-contestable legal and/or administrative decision-making; Underlines that in the exercise of state authority, the final decision always needs to be taken by a human, who can be held accountable for the decisions made, and include the possibility of a recourse for a remedy; points out however to the risks in decisions made by humans if solely relying on the data, profiles and recommendations generated by machines;

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4 c. Urges the Member States to assess the risks related to AI-driven technologies before automating activities connected with the exercise of State authority, especially in the area of justice; calls on the Member States to consider the need to provide for safeguards such as supervision by a qualified professional and rules on professional ethics;

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Draft opinion

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paragraph 4 d (new)


4 d. Recalls and fully supports its 12 September 2018 resolution on autonomous weapons; stresses the urgent need to prohibit autonomous weapon systems without meaningful human control and oversight both at EU and international level; calls on the EU to act without delay and adopt a common position in this respect and initiate negotiations at international level leading to a ban of lethal autonomous weapon systems;

Or. en


Draft opinionparagraph 4 e (new)


4 e. Stresses the role of IT security both as a tool and a target in attacks on civil and military infrastructure, by both private and state actors; highlights the fact that the lines between private and state attackers continue to be blurred and that the attribution of attackers, and the identification of motivations for attack, continue to be very hard and call for caution and restraint as the potential for obfuscation and falsified evidence is very high due to the nature of IT systems; calls for a review of international concepts of state responsibility against the background of new technologies; notes in this regard the importance of international cooperation and the publication and sharing of vulnerabilities and remedies (fixes and updates); notes in addition the dual-use nature of IT systems

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in this regard, and calls for effective regulation, including for artificial intelligence applications;

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5. Notes that the situation caused by the COVID-19 pandemic means that governments are facing considerable pressure from their citizens to protect their health effectively; considers that the use of artificial intelligence can greatly help in the fight against the global pandemic.

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5. Notes that the situation caused by the COVID-19 pandemic means that governments are facing considerable pressure from their citizens to protect their health effectively; considers that the use of artificial intelligence has the potential to help in the fight against the global pandemic; cautions nevertheless on the dangers of using inadequate AI systems for public health decisions and considers that AI deployment for such purposes needs to be based on scientific evidence; recommends that public health decisions on pandemics are based on a holistic epidemiological approach, not on automated analysis;

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5. Notes that the situation caused by the COVID-19 pandemic means that governments and state authorities are facing considerable pressure from their citizens to protect their health effectively; considers that the use of artificial intelligence can greatly help in the fight against the global pandemic;

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5. Notes that the situation caused by the COVID-19 pandemic means that governments are facing considerable pressure from their citizens to protect their health effectively; considers however that the use of any tracing applications should remain voluntary and the data collected should be anonymous;

Or. en





5. Notes in the light of the COVID-19 pandemic that governments have a responsibility to protect the health and to provide access to care effectively for both citizens and residents; considers the potential of artificial intelligence to fight against health risks and the global pandemic;

Or. en

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