Answer given by Mr Breton on behalf of the European Commission

14.2.2022

The Commission adopted the proposal for the Artificial Intelligence Act (AI Act) on 21 April 2021 based on a detailed Impact Assessment and a broad consultation of stakeholders.

The Commission balanced risks and benefits of the use of biometric systems and analysed the already existing rules. The General Data Protection Regulation[1] regulates biometric data to include the processing and storage of any personal data resulting from ‘the physical, physiological or behavioural characteristics of a natural person’.

The use and processing by AI systems of data relating to certain behavioural characteristics connected with body language, without explicit consent, is prohibited by the General Data Protection Regulation .

The AI Act proposal is currently undergoing adoption through ordinary legislative procedure during which the European Parliament and the Council may amend the proposal.

The Commission will consider the positions of the co-legislators according to its institutional prerogatives, including on the issue raised by the Honourable Member. Upon adoption of the AI Act, the Commission will, in consultation with the proposed European Artificial Intelligence Board, provide guidance to facilitate a uniform application of the Act.

The Commission is always open to receive valuable supplementary information, such as the European Parliament Panel for the Future of Science and Technology (STOA) study.

• [1] Regulation (EU) 2016/679.