...I commend the European Union’s ambition with this proposal, which is an opportunity to further strengthen the protection of people’s rights. As one of the first major regulatory attempts regarding AI, the AI Act will not only have an impact within the European Union and its Member States but would influence other regulatory frameworks on AI around the world...

By firmly grounding new rules for the use of AI in human rights, the European Union would strengthen human rights protection in the face of ever-increasing use of AI applications in our everyday lives. Mindful of the importance of this opportunity, and in response to proposals that have emerged during the legislative debates, I am pleased to share a human rights-based analysis of and recommendations from my Office regarding the AI Act in an annex to this letter...

High-risk classifications

...OHCHR would like to underscore that the determination of risks should relate to the actual or foreseeable adverse impacts of an AI application on human rights and not be exclusively technical or safety-oriented: AI systems that carry significant risks for the enjoyment of human rights should be considered high-risk, with all associated obligations for their providers and users.

OHCHR would like to express its concern at a proposal, according to which companies would be allowed to self-determine that their AI system would not be in the high-risk category, and hence opt out of the more stringent requirements for high-risk classes...

Stringent limits to the use of biometric surveillance and individualized crime prediction

...OHCHR strongly supports efforts at strictly limiting, or prohibiting as appropriate, in accordance with applicable international law, highly intrusive surveillance practices, which would otherwise threaten the very core of human dignity, privacy, and democracy...

Fundamental rights impact assessments

OHCHR also would like to express its strong support for the European Parliament’s proposal for comprehensive fundamental rights impact assessments...

Technical standards

OHCHR would like to draw your attention to the complex role of standard-setting organizations as envisaged in the drafts of the AI Act...

Holistic approach to AI harms in all areas

Human rights protections apply to everyone within the territory and jurisdiction of concerned States. In view of this, OHCHR notes with concern the proposal by the Council of a blanket exemption from the AI Act for AI systems that are developed or used for national security purposes, as well as exceptions from the AI Act for law enforcement and border control.