The European Union (EU) AI Act is being criticized for not effectively protecting public resources and fundamental rights. There are significant gaps and legal uncertainties in the Act, which prioritize industry interests and security services over the rule of law and public needs. The Act’s prohibitions are said to be filled with loopholes, and there are insufficient impact assessment requirements supporting it. The Act also fails to guarantee the right to public participation, and it provides a blanket exemption for national security AI use cases. Despite promises to put people at law’s center, the Act has done very little to protect people against the threats posed by AI systems. The Act fails to provide meaningful safeguards for border policy, and it sets a dangerous precedent for unregulated EU law enforcement and migration authorities using AI systems. Currently, the Act’s shortcomings could legitimize state authorities to use AI systems against marginalized groups in society.
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