MEPs call for European AI rules to ban biometric surveillance in public

A cross-party group of 40 MEPs in the European parliament has called on the Commission to strengthen an incoming legislative proposal on artificial intelligence to include an outright ban on the use of facial recognition and other forms of biometric surveillance in public places.

They have also urged EU lawmakers to outlaw automated recognition of people’s sensitive characteristics (such as gender, sexuality, race/ethnicity, health status and disability) — warning that such AI-fuelled practices pose too great a rights risk and can fuel discrimination.

The Commission is expected to presented its proposal for a framework to regulate ‘high risk’ applications of AI next week — but a copy of the draft leaked this week (via Politico). And, as we reported earlier, this leaked draft does not include a ban on the use of facial recognition or similar biometric remote identification technologies in public places, despite acknowledging the strength of public concern over the issue.

“Biometric mass surveillance technology in publicly accessible spaces is widely being criticised for wrongfully reporting large numbers of innocent citizens, systematically discriminating against under-represented groups and having a chilling effect on a free and diverse society. This is why a ban is needed,” the MEPs write now in a letter to the Commission which they’ve also made public.

They go on to warn over the risks of discrimination through automated inference of people’s sensitive characteristics — such as in applications like predictive policing or the indiscriminate monitoring and tracking of populations via their biometric characteristics.

“This can lead to harms including violating rights to privacy and data protection; suppressing free speech; making it harder to expose corruption; and have a chilling effect on everyone’s autonomy, dignity and self-expression – which in particular can seriously harm LGBTQI+ communities, people of colour, and other discriminated-against groups,” the MEPs write, calling on the Commission to amend the AI proposal to outlaw the practice in order to protect EU citizens’ rights and the rights of communities who faced a heightened risk of discrimination (and therefore heightened risk from discriminatory tools supercharged with AI).

“The AI proposal offers a welcome opportunity to prohibit the automated recognition of gender, sexuality, race/ethnicity, disability and any other sensitive and protected characteristics,” they add.

The leaked draft of the Commission’s proposal does tackle indiscriminate mass surveillance — proposing to prohibit this practice, as well as outlawing general purpose social credit scoring systems.

However the MEPs want lawmakers to go further — warning over weaknesses in the wording of the leaked draft and suggesting changes to ensure that the proposed ban covers “all untargeted and indiscriminate mass surveillance, no matter how many people are exposed to the system”.

They also express alarm at the proposal having an exemption on the prohibition on mass surveillance for public authorities (or commercial entities working for them) — warning that this risks deviating from existing EU legislation and from interpretations by the bloc’s top court in this area.

“We strongly protest the proposed second paragraph of this Article 4 which would exempt public authorities and even private actors acting on their behalf ‘in order to safeguard public security’,” they write. “Public security is precisely what mass surveillance is being justified with, it is where it is practically relevant, and it is where the courts have consistently annulled legislation on indiscriminate bulk processing of personal data (e.g. the Data Retention Directive). This carve-out needs to be deleted.”

“This second paragraph could even be interpreted to deviate from other secondary legislation which the Court of Justice has so far interpreted to ban mass surveillance,” they continue. “The proposed AI regulation needs to make it very clear that its requirements apply in addition to those resulting from the data protection acquis and do not replace it. There is no such clarity in the leaked draft.”

The Commission has been contacted for comment on the MEPs’ calls but is unlikely to do so ahead of the official reveal of the draft AI regulation — which is expected around the middle of next week.

It remains to be seen whether the AI proposal will undergo any significant amendments between now and then. But MEPs have fired a swift warning shot that fundamental rights must and will be a key feature of the co-legislative debate — and that lawmakers’ claims of a framework to ensure ‘trustworthy’ AI won’t look credible if the rules don’t tackle unethical technologies head on.

#ai, #ai-regulation, #artificial-intelligence, #biometrics, #discrimination, #europe, #european-parliament, #european-union, #facial-recognition, #fundamental-rights, #law-enforcement, #mass-surveillance, #meps, #national-security, #policy, #privacy, #surveillance

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#china, #cyberspace-administration-of-china, #europe, #european-parliament, #facebook-inc, #google-inc, #news-and-news-media, #social-media, #storming-of-the-us-capitol-jan-2021, #von-der-leyen-ursula, #zuboff-shoshana

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Privacy complaint targets European parliament’s COVID-19 test-booking site

The European Parliament is being investigated by the EU’s lead data regulator over a complaint that a website it set up for MEPs to book coronavirus tests may have violated data protection laws.

The complaint, which has been filed by six MEPs and is being supported by the privacy campaign group noyb, alleges third party trackers were dropped without proper consent and that cookie banners presented to visitors were confusing and deceptively designed.

It also alleges personal data was transferred to the US without a valid legal basis, making reference to a landmark legal ruling by Europe’s top court last summer (aka Schrems II).

The European Data Protection Supervisor (EDPS), which oversees EU institutions’ compliance with data rules, confirmed receipt of the complaint and said it has begun investigating.

It also said the “litigious cookies” had been disabled following the complaints, adding that the parliament told it no user data had in fact been transferred outside the EU.

“A complaint was indeed filed by some MEPs about the European Parliament’s coronavirus testing website; the EDPS has started investigating it in accordance with Article 57(1)(e) EUDPR (GDPR for EU institutions),” an EDPS spokesman told TechCrunch. “Following this complaint, the Data Protection Office of the European Parliament informed the EDPS that the litigious cookies were now disabled on the website and confirmed that no user data was sent to outside the European Union.”

“The EDPS is currently assessing this website to ensure compliance with EUDPR requirements. EDPS findings will be communicated to the controller and complainants in due course,” it added.

MEP, Alexandra Geese, of Germany’s Greens, filed an initial complaint with the EDPS on behalf of other parliamentarians.

Two of the MEPs that have joined the complaint and are making their names public are Patrick Breyer and Mikuláš Peksa — both members of the Pirate Party, in Germany and the Czech Republic respectively.

We’ve reached out to the European Parliament and the company it used to supply the testing website for comment.

The complaint is noteworthy for a couple of reasons. Firstly because the allegations of a failure to uphold regional data protection rules look pretty embarrassing for an EU institution. Data protection may also feel especially important for “politically exposed persons like Members and staff of the European Parliament”, as noyb puts it.

Back in 2019 the European Parliament was also sanctioned by the EDPS over use of US-based digital campaign company, NationBuilder, to process citizens’ voter data ahead of the spring elections — in the regulator’s first ever such enforcement of an EU institution.

So it’s not the first time the parliament has got in hot water over its attention to detail vis-a-vis third party data processors (the parliament’s COVID-19 test registration website is being provided by a German company called Ecolog Deutschland GmbH). Once may be an oversight, twice starts to look sloppy…

Secondly, the complaint could offer a relatively quick route for a referral to the EU’s top court, the CJEU, to further clarify interpretation of Schrems II — a ruling that has implications for thousands of businesses involved in transferring personal data out of the EU — should there be a follow-on challenge to a decision by the EDPS.

“The decisions of the EDPS can be directly challenged before the Court of Justice of the EU,” noyb notes in a press release. “This means that the appeal can be brought directly to the highest court of the EU, in charge of the uniform interpretation of EU law. This is especially interesting as noyb is working on multiple other cases raising similar issues before national DPAs.”

Guidance for businesses involved in transferring data out of the EU who are trying to understand how to (or often whether they can) be compliant with data protection law, post-Schrems II, is so far limited to what EU regulators have put out.

Further interpretation by the CJEU could bring more clarifying light — and, indeed, less wiggle room for processors wanting to keep schlepping Europeans’ data over the pond legally, depending on how the cookie crumbles (if you’ll pardon the pun).

noyb notes that the complaint asks the EDPS to prohibit transfers that violate EU law.

“Public authorities, and in particular the EU institutions, have to lead by example to comply with the law,” said Max Schrems, honorary chairman of noyb, in a statement. “This is also true when it comes to transfers of data outside of the EU. By using US providers, the European Parliament enabled the NSA to access data of its staff and its members.”

Per the complaint, concerns about third party trackers and data transfers were initially raised to the parliament last October — after an MEP used a tracker scanning tool to analyze the COVID-19 test booking website and found a total of 150 third-party requests and a cookie were placed on her browser.

Specifically, the EcoCare COVID-19 testing registration website was found to drop a cookie from the US-based company Stripe, as well as including many more third-party requests from Google and Stripe.

The complaint also notes that a data protection notice on the site informed users that data on their usage generated by the use of Google Analytics is “transmitted to and stored on a Google server in the US”.

Where consent was concerned, the site was found to serve users with two different conflicting data protection notices — with one containing a (presumably copypasted) reference to Brussels Airport.

Different consent flows were also presented, depending on the user’s region, with some visitors being offered no clear opt out button. The cookie notices were also found to contain a ‘dark pattern’ nudge toward a bright green button for ‘accepting all’ processing, as well as confusing wording for unclear alternatives.

A screengrab of the cookie consent prompt that the parliament’s COVID-19 test booking website displayed at the time of writing – with still no clearly apparent opt-out for non-essential cookies (Image credit: TechCrunch)

The EU has stringent requirements for (legally) gathering consents for (non-essential) cookies and other third party tracking technologies which states that consent must be clearly informed, specific and freely given.

In 2019, Europe’s top court further confirmed that consent must be obtained prior to dropping non-essential trackers. (Health-related data also generally carries a higher consent-bar to process legally in the EU, although in this case the personal information relates to appointment registrations rather than special category medical data).

The complaints allege that EU cookie consent requirements are not being met on the website.

While the presence of requests for US-based services (and the reference to storing data in the US) is a legal problem in light of the Schrems II judgement.

The US no longer enjoys legally frictionless flows of personal data out of the EU after the CJEU torpedoed the adequacy arrangement the Commission had granted (invalidating the EU-US Privacy Shield mechanism) — which in turn means transfers of data on EU peoples to US-based companies are complicated.

Data controllers are responsible for assessing each such proposed transfer, on a case by case basis. A data transfer mechanism called Standard Contractual Clauses was not invalidated by the CJEU. But the court made it clear SCCs can only be used for transfers to third countries where data protection is essentially equivalent to the legal regime offered in the EU — doing so at the same time as saying the US does not meet that standard.

Guidance from the European Data Protection Board in the wake of the ruling suggests that some EU-US data transfers may be possible to carry in compliance with European law. Such as those that involve encrypted data with no access by the receiving US-based entity.

However the bar for compliance varies depending on the specific context and case.

Additionally, for a subset of companies that are definitely subject to US surveillance law (such as Google) the compliance bar may be impossibly high — as surveillance law is the main legal sticking point for EU-US transfers.

So, once again, it’s not a good look for the parliament website to have had a notice on its COVID-19 testing website that said personal data would be transferred to a Google’s server in the US. (Even if that functionality had not been activated, as seems to have been claimed.)

Another reason the complaint against the European Parliament is noteworthy is that it further highlights how much web infrastructure in use within Europe could be risking legal sanction for failing to comply with regional data protection rules. If the European Parliament can’t get it right, who is?

noyb filed a raft of complaints against EU websites last year which it had identified still sending data to the US via Google Analytics and/or Facebook Connect integrations a short while after the Schrems II ruling. (Those complaints are being looked into by DPAs across the EU.)

Facebook’s EU data transfers are also very much on the hook here. Earlier this month the tech giant’s lead EU data regulator agreed to ‘swiftly resolve’ a long-standing complaint over its transfers.

Schrems filed that complaint all the way back in 2013. He told us he expects the case to be resolved this year, likely within around six to nine months. So a final decision should come in 2021.

He has previously suggested the only way for Facebook to fix the data transfers issue is to federate its service, storing European users’ data locally. While last year the tech giant was forced to deny it would shut its service in Europe if its lead EU regulator followed through on enforcing a preliminary order to suspend transfers (which it blocked by applying for a judicial review of the Irish DPC’s processes).

The alternative outcome Facebook has been lobbying for is some kind of a political resolution to the legal uncertainty clouding EU-US data transfers. However the European Commission has warned there’s no quick fix — and reform of US surveillance law is needed.

So with options for continued icing of EU data protection enforcement against US tech giants melting fast in the face of bar-setting CJEU rulings and ongoing strategic litigation like this latest noyb-supported complaint pressure is only going to keep building for pro-privacy reform of US surveillance law. Not that Facebook has openly come out in support of reforming FISA yet.

#cookie-consent, #covid-19, #data-protection, #europe, #european-parliament, #noyb, #privacy, #schrems-ii, #surveillance, #tc

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#biden-joseph-r-jr, #china, #communist-party-of-china, #europe, #european-parliament, #european-union, #far-east-south-and-southeast-asia-and-pacific-areas, #forced-labor, #trump-donald-j, #united-states-international-relations, #xi-jinping

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#brussels-belgium, #european-parliament, #extradition, #fringe-groups-and-movements, #golden-dawn-greece, #greece, #immunity-from-prosecution, #organized-crime

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#brussels-belgium, #europe, #european-commission, #european-parliament, #european-union, #global-warming, #greenhouse-gas-emissions, #poland, #united-nations-framework-convention-on-climate-change

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#child-abuse-and-neglect, #computers-and-the-internet, #european-parliament, #european-union, #facebook-inc, #farid-hany, #google-inc, #house-of-representatives, #national-center-for-missing-and-exploited-children, #politics-and-government, #privacy, #sex-crimes

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#brussels-belgium, #coronavirus-2019-ncov, #diplomatic-immunity, #european-parliament, #fidesz-party, #hungary, #politics-and-government

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Draft EU data rules target Apple, Google, Facebook, Amazon

Draft EU data rules target Apple, Google, Facebook, Amazon

Enlarge (credit: Walter Zerla | Getty Images)

European regulators once again have the behavior of the biggest US tech companies—Amazon, Apple, Facebook, and Google among them—squarely in their sights as they move forward with a proposal to reform how digital marketplaces and data sharing operate.

An early draft of the Digital Services Act, under consideration by the European Parliament, would not only require tech forms to share data with smaller rivals but would also limit the ways companies can use customer data they’ve already collected, the Financial Times was first to report.

Under the proposal, tech firms with the potential to act as gatekeepers “shall not pre-install exclusively their own applications nor require from any third-party operating system developers or hardware manufacturers to pre-install exclusively gatekeepers’ own application,” according to Reuters. The draft also mandates that gatekeeper companies will also not be permitted to use data collected on their platforms to target users unless that data is also shared with rival firms.

Read 5 remaining paragraphs | Comments

#antitrust, #competition, #europe, #european-commission, #european-parliament, #european-union, #laws, #policy, #regulation

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Marietje Schaake is ‘very concerned about the future of democracy’

In the ten years she spent as a member of the European Parliament, Marietje Schaake became one of Brussels’ leading voices on technology policy issues.

A Dutch politician from the centrist-liberal Democrats 66 party, Schaake has been called “Europe’s most wired” politician. Since stepping down at the last European Parliament elections in 2019, she has doubled down with her work on cyber policy, becoming president of the CyberPeace Institute in Geneva and moving to the heart of Silicon Valley, where she has joined Stanford University as both the International Director of Policy at Stanford’s Cyber Policy Center, as well as an International Policy Fellow at its Institute for Human-Centered Artificial Intelligence.

I spoke with her about her top cyber policy concerns, the prospects of greater U.S.-EU cooperation on technology and much more.

Can you tell me about your journey from MEP in Brussels to think tank in academia?

There were a variety of reasons why I thought a third term was not the best thing for me to do. I started thinking about what would be a good way to continue, focusing on the fight for justice, for universal human rights and increasingly for the rule of law. A number of academic institutions, especially in the U.S. reached out, and we started a conversation about what the options might be, what I thought would be worthwhile. [My goal] was to understand where tech is going and what does it mean for society, for democracy, for human rights and the rule of law? But also how do the politics of Silicon Valley work?

I feel like there’s a huge opportunity, if not to say gap, on the West Coast when it comes to a policy shop — both to scrutinize policy that the companies are making and to look at what government is doing because Sacramento is super interesting. 

So from a policy perspective, what areas of tech are you thinking about most?

I’m very concerned about the future of democracy in the broadest sense of the word. I feel like we need to understand better how the architecture of information flows and how it impacts our offline democratic world. The more people get steered in a certain direction, the more the foundations of actual liberalism and liberal democracy are challenged. And I feel like we just don’t look at that enough.

#artificial-intelligence, #column, #council-of-europe, #europe, #european-commission, #european-parliament, #european-union, #extra-crunch, #facebook, #facial-recognition, #government, #marietje-schaake, #market-analysis, #oecd, #policy, #security, #social-media-platforms, #stanford-university, #startups, #tc, #trump-administration

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#borrell-josep, #coronavirus-2019-ncov, #european-parliament, #european-union, #politics-and-government, #propaganda, #rumors-and-misinformation

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Silicon Valley needs a new approach to studying ethics now more than ever

Next month, Apple and Google will unveil features to enable contact tracing on iOS and Android to identify people who have had contact with someone who tests positive for the novel coronavirus.

Security experts have been quick to point out the possible dangers, including privacy risks like revealing identities of COVID-19-positive users, helping advertisers track them or falling prey to false positives from trolls.

These are fresh concerns in familiar debates about tech’s ethics. How should technologists think about the trade-off between the immediate need for public health surveillance and individual privacy? And misformation and free speech? Facebook and other platforms are playing a much more active role than ever in assessing the quality of information: promoting official information sources prominently and removing some posts from users defying social distancing.

As the pandemic spreads and, along with it, the race to develop new technologies accelerates, it’s more critical than ever that technology finds a way to fully examine these questions. Technologists today are ill-equipped for this challenge: striking healthy balances between competing concerns — like privacy and safety — while explaining their approach to the public.

Over the past few years, academics have worked to give students ways to address the ethical dilemmas technology raises. Last year, Stanford announced a new (and now popular) undergraduate course on “Ethics, Public Policy, and Technological Change,” taught by faculty from philosophy, as well as political and computer science. Harvard, MIT, UT Austin and others teach similar courses.

If the only students are future technologists, though, solutions will lag. If we want a more ethically knowledgeable tech industry today, we need ethical study for tech practitioners, not just university students.

To broaden this teaching to tech practitioners, our venture fund, Bloomberg Beta, agreed to host the same Stanford faculty for an experiment. Based on their undergraduate course, could we design an educational experience for senior people who work across the tech sector? We adapted the content (incorporating real-world dilemmas), structure and location of the class, creating a six-week evening course in San Francisco. A week after announcing the course, we received twice as many applications as we could accommodate.

We selected a diverse group of students in every way we could manage, who all hold responsibility in tech. They told us that when they faced an ethical dilemma at work, they lacked a community to which to turn — some confided in friends or family, others revealed they looked up answers on the internet. Many felt afraid to speak freely within their companies. Despite several company-led ethics initiatives, including worthwhile ones to appoint chief ethics officers and Microsoft and IBM’s principles for ethical AI, the students in our class told us they had no space for open and honest conversations about tech’s behavior.

If we want a more ethically knowledgeable tech industry today, we need ethical study for tech practitioners, not just university students.

Like undergraduates, our students wanted to learn from both academics and industry leaders. Each week featured experts like Marietje Schaake, former Member of the European Parliament from the Netherlands, who debated real issues, from data privacy to political advertising. The professors facilitated discussions, encouraging our students to discuss multiple, often opposing views, with our expert guests.

Over half of the class came from a STEM background and had missed much explicit education in ethical frameworks. Our class discussed principles from other fields, like medical ethics, including the physician’s guiding maxim (“first, do no harm”) in the context of designing new algorithms. Texts from the world of science fiction, like “The Ones Who Walk Away from Omelas” by Ursula K. Le Guin, also offered ways to grapple with issues, leading students to evaluate how to collect and use data responsibly.

The answers to the values-based questions we explored (such as the trade-offs between misinformation and free speech) didn’t converge on clear “right” or “wrong” answers. Instead, participants told us that the discussions were crucial for developing skills to more effectively check their own biases and make informed decisions. One student said:

After walking through a series of questions, thought experiments or discussion topics with the professors, and thinking deeply about each of the subtending issues, I often ended up with the opposite positions to what I initially believed.

When shelter-in-place meant the class could no longer meet, participants reached out within a week to request virtual sessions — craving a forum to discuss real-time events with their peers in a structured environment. After our first virtual session examining how government, tech and individuals have responded to COVID-19, one participant remarked: “There feels like so much more good conversation to come on the questions, what can we do, what should we do, what must we do?”

Tech professionals seem to want ways to engage with ethical learning — the task now is to provide more opportunities. We plan on hosting another course this year and are looking at ways to provide an online version, publishing the materials.

COVID-19 won’t be the last crisis where we rely on technology for solutions, and need them immediately. If we want more informed discussions about tech’s behavior, and we want the people who make choices to enter these crises prepared to think ethically, we need to start training people who work in tech to think ethically.


To allow students to explore opposing, uncomfortable viewpoints and share their personal experiences, class discussions were confidential. I’ve received explicit permission to share any insights from students here.

#artificial-intelligence, #business-ethics, #column, #coronavirus, #covid-19, #ethics, #ethics-of-technology, #european-parliament, #harvard, #mit, #opinion, #policy, #political-advertising, #stanford, #tc

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