On Friday 16 July, the Ministers of Justice of the EU Member States held an informal meeting in Ljubljana to discuss the use of artificial intelligence (AI) in the judicial system, as well as digital assets (see EUROPE 12703/3).
“This discussion was an opportunity to reiterate the Commission’s position and its main objective: to protect fundamental rights when it comes to artificial intelligence and justice”, stressed Commissioner for Justice Didier Reynders.
Discussions on artificial intelligence have focused in particular on the use of AI in biometric identification systems in public spaces.
In this respect, the Commission considers that this use represents a danger to fundamental rights, but that exceptions may exist when it is a question of rescuing victims or preventing a terrorist threat.
Furthermore, the Slovenian Presidency of the EU Council and the Commission have unanimously recognised the need to monitor AI in the application of justice. “AI cannot be used for everything. We have included a number of recommendations to ensure transparency and accountability of judges and prosecutors, who also need to understand how the technology works”, Reynders summarised.
The use of artificial intelligence in the field of justice will undoubtedly be one of the sensitive issues during the Slovenian Presidency of the Council. On 29 June, several MEPs on the European Parliament’s Civil Liberties Committee called for greater “human control” of AI in the justice system. A report along these lines was adopted the same day (see EUROPE 12752/7). The European Parliament will be asked to vote on the text in plenary session in September.
Digital assets
The informal meeting of justice ministers also addressed the issue of digital assets.
Several ideas were presented, the Slovenian Presidency reported at a press conference. Two main areas have been identified: where the account holder or profile data is stored; and how it can be accessed.
On the first point, the ministers’ work should partly focus on the cross-border aspect, with the question of the need for - and scope of - European regulation in this area as a backdrop.
On access, the Commission highlighted the importance of having control over the data. “The sector is changing very quickly. We will analyse the practices already in place in the various Member States. This will allow us to see which ones are the most effective”, commented the Commissioner for Justice. (Original version in French by Thomas Mangin)