Comment by Wojciech Rafał Wiewiórowski

The EDPS also welcomes the inclusion in the convention, among the definitions to be provided, of the notion of “AI subject” and, in connection with this definition, he inclusion of procedural safeguards and rights for “AI subjects” (namely, persons affected by the use of AI systems, e.g. workers affected by the use of AI work management systems; natural persons applying for a loan affected by the use of AI creditworthiness systems; migrants and asylum seekers affected by the use of AI for border and migration control, etc.). [...] Moreover, the EDPS notes that, although the explanatory memorandum refers to ‘AI systems posing ‘unacceptable’ risks’, this key issue is not reflected in the directives. Therefore, the EDPS strongly recommends including in the negotiating directives that certain AI systems, posing unacceptable risks, should be prohibited, as well as to provide an indication of such AI systems. In addition to the narrow prohibitions already set out in the proposed AI Act, the EDPS recalls that the following AI systems should also be prohibited: - biometric identification of individuals in publicly accessible spaces; more specifically, the negotiating directive should include that “the convention prohibits any use of AI for automated recognition of human features in publicly accessible spaces - such as of faces but also of gait, fingerprints, DNA, voice, keystrokes and other biometric or behavioural signals - in any context”;