Addressing Racism in Policing

Artificial intelligence is everywhere and affects everyone – from deciding what content people see on their social media feeds to determining who will receive state benefits. AI technologies are typically based on algorithms that make predictions to support or even fully automate decision-making.

FRA’s report on artificial intelligence and fundamental rights presents concrete examples of how companies and public administrations in the EU are using, or trying to use, AI. This summary presents the main insights from the report. These can inform EU and national policymaking efforts to regulate the use of AI tools in compliance with human and fundamental rights.

Artificial intelligence (AI) already plays a role in deciding what unemployment benefits someone gets, where a burglary is likely to take place, whether someone is at risk of cancer, or who sees that catchy advertisement for low mortgage rates. Its use keeps growing, presenting seemingly endless possibilities. But we need to make sure to fully uphold fundamental rights standards when using AI. This report presents concrete examples of how companies and public administrations in the EU are using, or trying to use, AI. It focuses on four core areas – social benefits, predictive policing, health services and targeted advertising.

The Coronavirus pandemic continues to interrupt everyday life in the EU in unprecedented ways. But the way it affects our societies is shifting. As governments gradually lift some of the measures put in place to contain the spread of COVID-19, new fundamental rights concerns arise: how to ensure that the rights to life and health are upheld as daily life transitions to a ‘new normal’. This Bulletin looks at declarations of states of emergency, or equivalent, and how they came under scrutiny. It considers the impact on fundamental rights in important areas of daily life, and includes a thematic focus on the processing of users’ data to help contain COVID-19, particularly by contact-tracing apps. It covers the period 21 March – 30 April 2020.

Facial recognition technology (FRT) makes it possible to compare digital facial images to determine whether they are of the same person. Comparing footage obtained from video cameras (CCTV) with images in databases is referred to as ‘live facial recognition technology’. Examples of national law enforcement authorities in the EU using such technology are sparse – but several are testing its potential. This paper therefore looks at the fundamental rights implications of relying on live FRT, focusing on its use for law enforcement and border-management purposes.

Algorithms used in machine learning systems and artificial intelligence (AI) can only be as good as the data used for their development. High quality data are essential for high quality algorithms. Yet, the call for high quality data in discussions around AI often remains without any further specifications and guidance as to what this actually means.

This guide explains what profiling is, the legal frameworks that regulate it, and why conducting profiling lawfully is both necessary to comply with fundamental rights and crucial for effective policing and border management. The guide also provides practical guidance on how to avoid unlawful profiling in police and border management operations.

This report is FRA’s second publication addressing a European Parliament request for in-depth research on the impact of surveillance on fundamental rights. It updates FRA’s 2015 legal analysis on the topic, and supplements that analysis with field-based insights gained from extensive interviews with diverse experts in intelligence and related fields, including its oversight.