Differing Views on Prohibiting Biometric Surveillance in the EU AI Act

Summary
On September 21, 2023, EU lawmaker Brando Benifei, the lead EU AI Act negotiator, highlighted the key outstanding areas of disagreement in the ongoing EU trialogue on the draft law. In particular, Benifei named AI-powered biometric surveillance and the use of copyrighted material by generative AI as the two largest outstanding issue areas. While some members of the European Parliament wish to implement a wholesale prohibition on biometric surveillance, France and other EU members are seeking to carve out a national security exemption. Two more rounds of talks are expected in the coming months, as the EU attempts to finalize the Act by the end of 2023.