The EU’s Artificial Intelligence Laboratory and Fundamental Rights
Forthcoming in: Melanie Fink (ed), Redressing Fundamental Rights Violations by the EU: The Promise of the ‘Complete System of Remedies (Cambridge University Press, 2024)
26 Pages Posted: 9 Sep 2023 Last revised: 2 Feb 2024
Date Written: August 31, 2023
This contribution examines the possibilities for individuals to access remedies against potential violations of their fundamental rights by the EU actors, specifically the EU agencies’ deployment of artificial intelligence (AI). Presenting the intricate landscape of the EU's border surveillance, Section 2 sheds light on the prominent role of Frontex in developing and managing AI systems, including automated risk assessments and drone-based aerial surveillance. In light of the fundamental rights concerns posed by these uses, Section 3 examines the possibilities to access remedies by considering the impact of AI uses on the procedural rights to good administration and effective judicial protection, before clarifying the emerging remedial system under the AI Act in its interplay with the EU’s data protection framework. Lastly, the chapter sketches the evolving role of the European Data Protection Supervisor, pointing out the areas demanding further clarifications in order to fill the remedial gaps (Section 4).
Keywords: EU agencies; artificial intelligence, border surveillance, AI risks to fundamental rights, effective remedies, European Data Protection Supervisor
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