1) Ban harmful AI practices in the migration context
Some AI systems pose an unacceptable risk to our fundamental rights, and they will never be fixed either via technical means nor with some procedural safeguards. Lawmakers must ban:
- Predictive analytics systems used for preventing migration that will exacerbate violence at the borders and lead to push-backs;
- Automated risk assessments and profiling systems that entrench racism and bias and erode human dignity and freedom from discrimination;
- ‘Lie-detectors’ and all pseudo-scientific technology that claims to categorise people and infer emotions on the basis of their biometric data;
- Remote Biometric Identification at the border and in and around detention facilities that enable mass surveillance.
2) Regulate all AI high-risk systems in migration
Lawmakers must also ensure that the AI Act regulates any types of AI systems used in migration, especially the surveillance technology used in the context of border control and for identity checks. The EU AI Act will be an instrument of protection only if it does not leave anyone behind. All AI systems used in migration should be subject to oversight and accountability measures, including surveillance technology used in the context of border control and for identity checks.
3) Ensure the AI Act applies to EU’s huge migration databases
Article 83 must be amended to ensure AI as part of large-scale EU IT databases falls within the scope of the AI Act and that the necessary safeguards apply for uses of AI in the EU migration context.
4) Make the EU’s AI Act an instrument of protection
There will never be justice without a system of accountability and transparency. The violence, the push-backs and the deaths caused by AI systems will remain unknown if the AI Act fails to guarantee people the right to challenge the violations they have suffered, and if public oversight is impeded.
Lawmakers must ensure the EU AI Act empowers people to seek justice, guarantee public transparency, and prevent harm from the most harmful AI systems when used in migration and border control.
