Germany: BfDI publishes consultation report on AI
The Federal Commissioner for Data Protection and Freedom of Information ('BfDI') published, on 4 April 2022, the results of the consultation process ('the Consultation Report') on the use of artificial intelligence ('AI') in the field of law enforcement and security. In particular, the BfDI stated that it had presented in September 2021 seven fundamental theses on the use of AI in the area of law enforcement and security for discussion and that the comments received have now been evaluated in the Consultation Report. In addition, the BfDI noted that the Consultation Report shows that a comprehensive, empirical, and interdisciplinary inventory by the legislator is necessary. Furthermore, the BfDI emphasised that when using AI, general data protection principles must be observed and guaranteed. Moreover, the BfDI noted that the use of AI in the security sector generally requires specific legal regulation, whereby the specific characteristics of the AI technology used in the individual case are decisive for the design of this regulation. Lastly, the BfDI highlighted that there must be a comprehensive Data Protection Impact Assessment ('DPIA') before AI is used.