AI Surveillance and Human Rights â The Perlis and Promises of the AI Act

Michalina Marcia

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Chapter 2 AI Surveillance and Human Rights â The Perlis and Promises of the AI Act

In: European Yearbook on Human Rights 2024

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Michalina Marcia

Michalina Marcia
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Type:: Chapter

Pages:: 38â65

DOI:: https://doi.org/10.1163/9789004708389_003

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Abstract

This contribution presents current challenges and perspectives for AI regulation within the EU regarding surveillance measures. It analyses the current regulatory framework, focusing on the recently adopted AI Act, in the context of existing threats to human rights, including the rights to privacy, a fair trial and freedom from discrimination. It studies the EU approach to AI regulation, follows the history of shaping the AI Actâs content in terms of regulating surveillance measures, and analyses the final wording of the Act. The contribution aims to answer the question whether the regulatory provisions of the AI Act can sufficiently safeguard basic human rights standards. It presents the thesis that the current scope of systems classified as high-risk is too narrow sufficiently to safeguard human rights standards. It points to the need to expand standards granted by the AI Act, such as explainability, transparency, human oversight, cybersecurity and data governance, to other AI-based surveillance measures, including location-oriented predictive analytics (PA) systems and more advanced analytical natural language processing (NLP) tools. It also stresses the importance of introducing a clear regulatory basis for AI surveillance applications and it advocates for transparent algorithmic impact assessment procedures.

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European Yearbook on Human Rights 2024

Series:Â European Yearbook on Human Rights, Volume: 1

E-Book ISBN:: 9789004708389

Publisher:: Brill | Nijhoff

Print Publication Date:: 07 Mar 2025

Subjects
- Human Rights and Humanitarian Law
  - Human Rights
- International Law
  - International Law: Regional Perspectives

Front Matter

Part 1 Human Rights Developments in EUROPE and Beyond

Part 2 Jurisprudence by the Courts

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Chapter 2 AI Surveillance and Human Rights â The Perlis and Promises of the AI Act

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European Yearbook on Human Rights 2024

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Chapter 2 AI Surveillance and Human Rights â The Perlis and Promises of the AI Act