### 1. reiterates that , as processing large quantities of data is at the heart of ai , the right to the protection of private life and the right to the protection of personal data apply to all areas of ai , and that the union legal framework for data protection and privacy must be fully complied with; ### 1. welcomes the positive contribution of ai applications to the work of law enforcement and judicial authorities across the union as a key enabling technology to ensure safety and security of citizens; highlights e.g. the enhanced case law management achieved by tools allowing for additional search options; believes that there is a wide range of other potential uses for ai by law enforcement and the judiciary which should be explored , subject to methodological precautions and scientific assessments; reiterates that , as processing large quantities of data is at the heart of ai , the right to the protection of private life and the right to the protection of personal data apply to all areas of ai , and that the union legal framework for data protection and privacy must be fully complied with;


### 1. emphasises the importance of considering the ethical and operational implications of the use of ai and related technologies within criminal justice systems; ### 1. emphasises that the ethical and operational implications of the use of ai and related technologies within criminal justice systems can be considered only where there is compliance with rigorous ethical principles , such as those laid down in the council of europe's 'european ethical charter on the use of artificial intelligence in judicial systems and their environment';


### 1. emphasises the importance of considering the ethical and operational implications of the use of ai and related technologies within criminal justice systems; ### 1. emphasises the importance of taking into account the ethical and operational implications of the use of ai and related technologies within criminal justice systems as well as liability and evidentiary issues in case of potential faults associated with operation of ai - systems;


### 2. stresses that ai should help to ease the administrative burden on public authorities , without ever replacing human decisions , and that ai systems should rely on human oversight; ### 2. stresses that ai should help to ease the administrative burden on public authorities and that ai systems should rely on human oversight;


### 2. stresses that ai should help to ease the administrative burden on public authorities , without ever replacing human decisions , and that ai systems should rely on human oversight; ### 2. stresses that ai should support police and judicial authorities and that humans should always bear the ultimate responsibility for any decision-making in criminal matters;


### 2. reaffirms that all ai solutions for law enforcement and the judiciary also need to fully respect the principles of non-discrimination , freedom of movement , the presumption of innocence and right of defence , freedom of expression and information , freedom of assembly and of association , equality before the law , and the right to an effective remedy and a fair trial; ### 2. reaffirms that all ai solutions for law enforcement and the judiciary also need to fully respect the principles of non-discrimination , freedom of movement , the presumption of innocence and right of defence , freedom of expression and information , freedom of assembly and of association , equality before the law , the principle of equality of arms , and the right to an effective remedy and a fair trial;


### 2. reaffirms that all ai solutions for law enforcement and the judiciary also need to fully respect the principles of non-discrimination , freedom of movement , the presumption of innocence and right of defence , freedom of expression and information , freedom of assembly and of association , equality before the law , and the right to an effective remedy and a fair trial; ### 2. reaffirms that all ai solutions for law enforcement and the judiciary also need to fully respect the principles of non-discrimination , freedom of movement , the presumption of innocence and right of defence , obligation to state reasons , freedom of expression and information , freedom of assembly and of association , equality before the law , and the right to an effective remedy and a fair trial;


### 2. underlines the importance of being able to access ai-produced or ai-assisted outputs for notification procedures and the role of ai and related technologies in criminal law enforcement and crime prevention; recalls the importance of questions related to governance , transparency and accountability; ### 2. stresses– on one hand - the importance of the role and the potential of ai and related technologies in criminal law enforcement and crime prevention , in particular regarding the analysis of large amounts of evidence in criminal investigations and the identification of suspected persons or victims of crime; on the other hand emphasises the risk of biased decisions based on the use of ai technologies and the need for thorough discussions to avoid such decisions;


### 2. underlines the importance of being able to access ai-produced or ai-assisted outputs for notification procedures and the role of ai and related technologies in criminal law enforcement and crime prevention; recalls the importance of questions related to governance , transparency and accountability; ### 2. underlines the importance of being able to access ai-produced or ai-assisted outputs for notification procedures and the role of ai and related technologies in criminal law enforcement and crime prevention; recalls the importance of questions related to governance , transparency , impartiality , accountability , fairness and intellectual integrity in respect of the use of ai in the field of criminal law;


### 2. underlines the importance of being able to access ai-produced or ai-assisted outputs for notification procedures and the role of ai and related technologies in criminal law enforcement and crime prevention; recalls the importance of questions related to governance , transparency and accountability; ### 2. underlines the importance of being able to access ai-produced or ai-assisted outputs for notification procedures and the role of ai and related technologies in criminal law enforcement and crime prevention; recalls the importance of questions related to governance , transparency and accountability , as well as fundamental rights and procedural guarantees;


### 2. underlines the importance of being able to access ai-produced or ai-assisted outputs for notification procedures and the role of ai and related technologies in criminal law enforcement and crime prevention; recalls the importance of questions related to governance , transparency and accountability; ### 2. underlines the right of the persons concerned to be able to access ai-produced or ai-assisted outputs for notification procedures and the role of ai and related technologies in criminal law enforcement and crime prevention; recalls the importance of questions related to governance , transparency and accountability;


### 3. considers that such tools should be released as open source software under the public procurement procedure , and that a fundamental rights audit should be part of a prior conformity assessment; believes that – while ensuring the respect of eu law and values and the applicable data protection rules , and without jeopardising investigations or criminal prosecutions – training data must be open data; ### 3. considers that for ai used by police and law enforcement in criminal matters , a fundamental rights audit should be part of a prior conformity assessment;


### 3. considers that such tools should be released as open source software under the public procurement procedure , and that a fundamental rights audit should be part of a prior conformity assessment; believes that – while ensuring the respect of eu law and values and the applicable data protection rules , and without jeopardising investigations or criminal prosecutions – training data must be open data; ### 3. considers that such tools should be released as open source software under the public procurement procedure , and that a fundamental rights audit should be part of a prior conformity assessment; believes that – while ensuring the respect of eu law and values and the applicable data protection rules , and without jeopardising investigations or criminal prosecutions – training data should be publicly available when relevant and proportionate;


### 3. considers , in this regard , that any ai tool either developed or used by law enforcement or judiciary should , as a minimum , be safe , secure and fit for purpose , respect the principles of fairness , accountability , transparency and explainability , with their deployment subject to a strict necessity and proportionality test; ### 3. considers , in this regard , that safeguards should be proportionate to potential risks associated with the use specific ai applications; believes that any ai tool either developed or used by law enforcement or judiciary should , as a minimum , be safe , robust , secure and fit for purpose , respect the principles of fairness , accountability , transparency , non-discrimination as well as explainability , with their deployment subject to a strict necessity and proportionality test;


### 3. considers , in this regard , that any ai tool either developed or used by law enforcement or judiciary should , as a minimum , be safe , secure and fit for purpose , respect the principles of fairness , accountability , transparency and explainability , with their deployment subject to a strict necessity and proportionality test; ### 3. considers , in this regard , that any ai tool either developed or used by law enforcement or judiciary should , as a minimum , be safe , secure and fit for purpose , respect the principles of fairness , accountability , transparency and explainability , with their deployment subject to a strict necessity and proportionality test , ensuring that the data subjects have right of access to ai-produced or ai-assisted outputs;


### 3. welcomes the recommendations of the commission’s high-level expert group on ai for a proportionate use of biometric recognition technology and suggests that the application of such technology must be clearly warranted under existing laws and urges the commission to assess how to effectively incorporate these; ### 3. welcomes the recommendations of the commission’s high-level expert group on ai for a proportionate use of biometric recognition technology and suggests that the application of such technology must be clearly warranted under existing laws and urges the commission to assess how to effectively incorporate these , with particular regard to the right to privacy and protection of personal data;


### 3. welcomes the recommendations of the commission’s high-level expert group on ai for a proportionate use of biometric recognition technology and suggests that the application of such technology must be clearly warranted under existing laws and urges the commission to assess how to effectively incorporate these; ### 3. welcomes the recommendations of the commission’s high-level expert group on ai for a proportionate use of biometric recognition technology , in compliance with gdpr legislation on the protection of personal data , and suggests that the application of such technology must be clearly warranted under existing laws and urges the commission to assess how to effectively incorporate these;


### 3. welcomes the recommendations of the commission’s high-level expert group on ai for a proportionate use of biometric recognition technology and suggests that the application of such technology must be clearly warranted under existing laws and urges the commission to assess how to effectively incorporate these; ### 3. welcomes the recommendations of the commission’s high-level expert group on ai for a proportionate , considerate and risk-based use of biometric recognition technology and suggests that the application of such technology must be clearly warranted under existing laws and suggests the commission to assess how to incorporate these effectively;


### 4. emphasises that data collection and the monitoring of individuals should be limited to criminal suspects; ### 4. emphasises that data collection and the monitoring of individuals should be limited to criminal suspects and should be subject to the prior authorisation by a judge according to the respective laws of the member states;


### 4. highlights the importance of preventing mass surveillance by means of ai technologies , and of banning applications that would result in it; ### 4. highlights the importance of preventing mass surveillance , which per definition does not correspond to the principles of necessity and proportionality; strongly supports high thresholds for and transparency in the use of ai technologies and applications that could result in it; calls for law enforcement or the judiciary to use ai applications that adhere to the privacy-by-design principle whenever possible to avoid function creep;


### 4. considers it necessary to clarify whether law enforcement decisions can be delegated to ai and stresses the need to develop codes of conduct for the design and use of ai to help law enforcers and judicial authorities; refers to the ongoing work in the committee on legal affairs. ### 4. considers it necessary to analyse whether law enforcement decisions could possibly be delegated to ai and if yes , under which conditions and in which regards could member states allow such use of ai; stresses the need to develop codes of conduct for the design and use of ai to help law enforcement and judicial authorities in case law enforcement decisions would be delegated to ai; refers to the ongoing work in the committee on legal affairs.


### 4. considers it necessary to clarify whether law enforcement decisions can be delegated to ai and stresses the need to develop codes of conduct for the design and use of ai to help law enforcers and judicial authorities; refers to the ongoing work in the committee on legal affairs. ### 4. considers it necessary to clarify whether it is expedient for law enforcement decisions to be partly delegatable to ai , with human control still being maintained over the adoption of final judgements; stresses the need to develop specific codes for ethical behaviour in the development and use of ai to help law enforcers and judicial authorities; refers to the ongoing work in the committee on legal affairs;


### 4. considers it necessary to clarify whether law enforcement decisions can be delegated to ai and stresses the need to develop codes of conduct for the design and use of ai to help law enforcers and judicial authorities; refers to the ongoing work in the committee on legal affairs. ### 4. considers it necessary to clarify that law enforcement decisions cannot be delegated to ai and stresses the need to develop binding codes of conduct for the design and use of ai to help law enforcers and judicial authorities and ensure respect for the fundamental rights of eu citizens; refers to the ongoing work in the committee on legal affairs.


### 4. considers it necessary to clarify whether law enforcement decisions can be delegated to ai and stresses the need to develop codes of conduct for the design and use of ai to help law enforcers and judicial authorities; refers to the ongoing work in the committee on legal affairs. ### 4. warns against the temptation to delegate to ai the power to take decisions under the criminal law , and stresses the need to develop codes of conduct for the design and use of ai to help law enforcers and judicial authorities; refers to the ongoing work in the committee on legal affairs.


### 5. stresses the potential for bias and discrimination arising from the use of machine learning and ai applications; notes that biases can be inherent in underlying datasets , especially when historical data is being used , introduced by the developers of the algorithms , or generated when the systems are implemented in real world settings; ### 5. stresses the potential for bias and discrimination arising from the use of ai applications such as machine learning; notes that discrimination can result from biases inherent in underlying datasets , especially when historical data is being used , introduced by the developers of the algorithms , or generated when the systems are implemented in real world settings;


### 6. recalls the high risk of abuse of certain types of ai , including facial recognition technologies in public spaces , automated behaviour detection and profiling to divide people into risk categories at borders , and calls on the commission to ban them; ### deleted


### 6. recalls the high risk of abuse of certain types of ai , including facial recognition technologies in public spaces , automated behaviour detection and profiling to divide people into risk categories at borders , and calls on the commission to ban them; ### 6. recalls the high risk of abuse of certain types of ai , including facial recognition technologies in public spaces , automated behaviour detection and profiling to divide people into risk categories at borders , and calls on the commission to carefully monitor and evaluate the use of these technologies;


### 6. underlines the fact that many algorithmically driven identification technologies disproportionately misidentify non-white people , children , the elderly , as well as women; ### 6. underlines the fact that many algorithmically driven identification technologies that are currently in use disproportionately misidentify according to ethnicity , age and gender; considers , therefore , that strong scientific and ethical standards are needed and that strong efforts should be made to avoid automated discrimination and bias;


### — having regard to regulation (eu) 2016/679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95/46/ec (general data protection regulation)4 , ### — having regard to regulation (eu) 2016/679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95/46/ec (general data protection regulation)4 , and in particular article 22 thereof ,


### b. whereas the development of ai must respect the values on which the union is founded , in particular human dignity , freedom , democracy , equality , the rule of law , and human and fundamental rights; ### b. whereas the values on which the union is founded , in particular human dignity , freedom , democracy , equality , the rule of law , and fundamental rights , have to be respected throughout the life cycle of ai tools , notably during their design , development , deployment and use;


### b. whereas technologies such as artificial intelligence (ai) and related technologies will contribute to the reducing of crime rates , the use of statistical data analytics in crime analysis and prevention , and the operation of criminal justice systems; ### b. whereas technologies such as artificial intelligence (ai) and related technologies may contribute to the prevention of certain types of crime and , therefore , to the reducing of crime rates; whereas their use , when applied to statistical data analytics in crime analysis and prevention may assist the activities of police authorities provided that this is done in compliance with the procedural safeguards enshrined in the rule of law and laid down in the gdpr legislation on the protection of personal data; whereas the application of those technologies as a technical support tool may help improve the efficiency of the organisation and operation of criminal justice systems , but under no circumstances should the so-called automated decision systems - ai-based algorithms - be used for decision-making purposes;


### b. whereas technologies such as artificial intelligence (ai) and related technologies will contribute to the reducing of crime rates , the use of statistical data analytics in crime analysis and prevention , and the operation of criminal justice systems; ### b. whereas artificial intelligence (ai) and related technologies can bring significant benefits in the area of criminal law such as contributing to the reducing of crime rates , the use of statistical data analytics in crime analysis and prevention , and the more effective and efficient detection and investigation of criminal cases , as well as operation of criminal justice systems;


### b. whereas technologies such as artificial intelligence (ai) and related technologies will contribute to the reducing of crime rates , the use of statistical data analytics in crime analysis and prevention , and the operation of criminal justice systems; ### b. whereas technologies such as artificial intelligence (ai) and related technologies will contribute to the reducing of crime rates , the use of statistical data analytics in crime analysis and prevention , and the more effective operation of criminal justice systems and procedures in terms of quality and speed;


### b. whereas technologies such as artificial intelligence (ai) and related technologies will contribute to the reducing of crime rates , the use of statistical data analytics in crime analysis and prevention , and the operation of criminal justice systems; ### b. whereas technologies such as artificial intelligence (ai) and related technologies may contribute to the reducing of crime rates , through the use of statistical data analytics in crime analysis and prevention;


### c. whereas trustworthy ai systems need to be accountable , designed for all (including consideration of vulnerable , marginalised populations in their design) , be non-discriminatory , safe and transparent , and respect human autonomy and fundamental rights; ### c. whereas ai systems need to be accountable , non-discriminatory , safe and transparent , and respect human autonomy and fundamental rights in order to be trustworthy , as described in the ethics guidelines of the high-level expert group on artificial intelligence;


### d. whereas the union together with the member states bear a critical responsibility for ensuring that policy choices surrounding the development , deployment and use of ai applications in the field of the judiciary and law enforcement are made in a transparent manner , respect the principles of necessity and proportionality , and guarantee that the policies and measures adopted will fully safeguard fundamental rights within the union; ### d. whereas the union together with the member states bear a critical responsibility for ensuring that decisions surrounding the life-cycle of ai applications in the field of the judiciary and law enforcement are made in a transparent manner and fully safeguard fundamental rights; whereas the relevant policy choices should respect the principles of necessity and proportionality;


### e. whereas ai applications offer great opportunities in the field of law enforcement , in particular in improving the working methods of law enforcement agencies and judicial authorities , and combating certain types of crime more efficiently , in particular financial crime , money laundering and terrorist financing , as well as certain types of cybercrime; ### e. whereas ai applications can offer great opportunities in the field of law enforcement , in particular in improving the working methods of law enforcement agencies and judicial authorities , and making an effective contributon to preventing and combating certain types of crime , in particular financial crime , money laundering and terrorist financing , child pornography and online sexual abuse of children , as well as certain types of cybercrime , and also by making the operational organisation and functioning of criminal justice systems more efficient as technical support tools , provided that they comply with the procedural safeguards enshrined in the rule of law and with legislation on the protection of personal data;


### e. whereas ai applications offer great opportunities in the field of law enforcement , in particular in improving the working methods of law enforcement agencies and judicial authorities , and combating certain types of crime more efficiently , in particular financial crime , money laundering and terrorist financing , as well as certain types of cybercrime; ### e. whereas ai applications offer great opportunities in the field of law enforcement , in particular in improving the working methods of law enforcement agencies and judicial authorities , and preventing and combating certain types of crime more efficiently , in particular financial crime , money laundering and terrorist financing , as well as certain types of cybercrime , thereby contributing to the safety and security of eu citizens;


### f. whereas a clear model for assigning legal responsibility for the potential harmful effects of ai systems in the field of criminal law is imperative; ### deleted


### g. whereas ai applications in use by law enforcement include applications such as facial recognition technologies , automated number plate recognition , speaker identification , speech identification , lip-reading technologies , aural surveillance (i.e. gunshot detection algorithms) , autonomous research and analysis of identified databases , forecasting (predictive policing and crime hotspot analytics) , behaviour detection tools , autonomous tools to identify financial fraud and terrorist financing , social media monitoring (scraping and data harvesting for mining connections) , international mobile subscriber identity (imsi) catchers , and automated surveillance systems incorporating different detection capabilities (such as heartbeat detection and thermal cameras); whereas the aforementioned applications have vastly varying degrees of reliability and accuracy; ### g. whereas ai applications in use by law enforcement include applications such as facial recognition technologies , e.g. to search suspect databases and identify victims of human trafficking or child sexual exploitation and abuse , automated number plate recognition , speaker identification , speech identification , lip-reading technologies , aural surveillance (i.e. gunshot detection algorithms) , autonomous research and analysis of identified databases , forecasting (predictive policing and crime hotspot analytics) ,behaviour detection tools , advanced virtual autopsy tools to help determine the cause of death , autonomous tools to identify financial fraud and terrorist financing , social media monitoring (scraping and data harvesting for mining connections) , international mobile subscriber identity (imsi)catchers , and automated surveillance systems incorporating different detection capabilities (such as heartbeat detection and thermal cameras); whereas the aforementioned applications have vastly varying degrees of reliability and accuracy;


### h. whereas ai tools and applications are also used by the judiciary worldwide , including in sentencing , calculating probabilities for reoffending and in determining probation; ### h. whereas ai tools and applications are also used by the judiciary in several countries , including in sentencing , calculating probabilities for reoffending and in determining probation; whereas , at present , in the european union , with the exception of a few member states , their use is limited mainly to civil matters;


### h. whereas ai tools and applications are also used by the judiciary worldwide , including in sentencing , calculating probabilities for reoffending and in determining probation; ### h. whereas ai tools and applications are also used by the judiciary worldwide , including in sentencing , calculating probabilities for reoffending and in determining probation , online dispute resolution , case law management , and the provision of facilitated access to the law;


### i. whereas use of ai in law enforcement entails a number of potential risks , such as opaque decision-making , different types of discrimination , and risks to the protection of privacy and personal data , the protection of freedom of expression and information , and the presumption of innocence; ### i. whereas the use of ai in law enforcement entails a number of potential risks , such as opaque decision-making , different types of discrimination and errors inherent in the underlying algorithm which can be reinforced by feedback loops , as well as risks to the protection of privacy and personal data , the protection of freedom of expression and information , and the presumption of innocence; whereas the extent of these risks varies between different applications and depending on the purpose of their use;


### j. whereas ai systems used by law enforcement are also vulnerable to ai-empowered attacks; whereas in these situations the resulting damage is potentially even more significant , and can result in exponentially greater levels of harm to both individuals and groups; ### j. whereas ai systems used by law enforcement and judiciary are also vulnerable to ai-empowered attacks or data poisoning , whereby a wrong data set is included on purpose to produce biased results; whereas in these situations the resulting damage is potentially very significant , and can result in great levels of harm to both individuals and groups;


### 7. highlights the power asymmetry between those who develop and employ ai technologies and those who interact and are subject to them; ### deleted


### 7. highlights the power asymmetry between those who develop and employ ai technologies and those who interact and are subject to them; ### 7. highlights the power asymmetry between those who develop and employ ai technologies and those who interact and are subject to them - an asymmetry which means that binding codes of conduct must be developed for the design and use of ai in criminal matters;


### 8. underlines that security and safety aspects of ai systems used in law enforcement need to be carefully considered , and be sufficiently robust and resilient to prevent the potentially catastrophic consequences of malicious attacks on ai systems; ### 8. takes note of the risks related to data leaks , data security breaches and unauthorised access to personal data and other information related to criminal investigations or court cases that are processed by ai systems; underlines that security and safety aspects of ai systems used in law enforcement need to be carefully considered , and be sufficiently robust and resilient to prevent the potentially catastrophic consequences of malicious attacks on ai systems;


### 9. considers it necessary to create a clear and fair regime for assigning legal responsibility for the potential adverse consequences produced by these advanced digital technologies; ### 9. considers it necessary to create a clear and fair regime for assigning legal responsibility and liability for the potential adverse consequences produced by these advanced digital technologies;


### 10. underlines that in judicial and law enforcement contexts , the final decision always needs to be taken by a human , who can be held accountable for the decisions made , and include the possibility of a recourse for a remedy; ### 10. takes the view that law enforcement and judicial authorities that make use of ai systems need to uphold high legal standards , in particular when analysing data; underlines the need to ensure human intervention and accountability throughout the different stages of decision-making , to assess both the quality of the data and the appropriateness of each decision taken on the basis of that information; considers that persons subject to these systems should be given the possibility of a recourse for a remedy;


### 11. calls for algorithmic explainability and transparency in order to ensure that the development , deployment and use of ai systems for judiciary and law enforcement comply with fundamental rights , and are trusted by citizens , as well as in order to ensure that results generated by ai algorithms can be rendered intelligible to users and to those subject to these systems , and that there is transparency on the source data and how the system arrived at a certain conclusion; ### 11. calls for algorithmic explainability and transparency as a necessary part of oversight in order to ensure that the development , deployment and use of ai systems for judiciary and law enforcement are trusted by citizens , as well as in order to ensure that results generated by ai algorithms can be rendered intelligible to users and to those subject to these systems , and that there is transparency on the source data and how the system arrived at a certain conclusion;


### 12. calls for traceability of ai systems that defines the capabilities and limitations of the systems , and keeps track of where the defining attributes for a decision originate; ### 12. calls for traceability of the decision making process of ai systems within law enforcement and the judiciary which outlines the functions and limitations of the systems , and keeps track of where the defining attributes for a decision originate , for instance through compulsory documentation obligations;


### 13. calls for a compulsory fundamental rights impact assessment to be conducted prior to the implementation or deployment of any ai systems for law enforcement or judiciary , in order to assess any potential risks to fundamental rights; ### 13. calls for a compulsory fundamental rights impact assessment to be conducted prior to the implementation or deployment of any ai systems for law enforcement or judiciary purposes , in order to assess any potential risks to fundamental rights and , where necessary , define appropriate safeguards to address these risks;


### 14. calls for periodic mandatory auditing of all ai systems used by law enforcement and the judiciary to test and evaluate algorithmic systems once they are in operation , in order to detect , investigate , diagnose and rectify any unwanted and adverse effects; ### 14. calls for an adequate institutional framework , including proper regulatory and supervisory oversight , to ensure proper implementation; calls for periodic mandatory auditing of all ai systems used by law enforcement and the judiciary by an independent authority to test and evaluate the context , purpose , accuracy , performance , and scale of algorithmic systems once they are in operation , in order to detect , investigate , diagnose and rectify any unwanted and adverse effects and thereby ensure continuous compliance with the applicable regulatory framework;


### 15. calls for a moratorium on the deployment of facial recognition systems for law enforcement , until the technical standards can be considered fully fundamental rights compliant , results derived are non-discriminatory , and there is public trust in the necessity and proportionality for the deployment of such technologies; ### 15. strongly believes that the deployment of facial recognition systems by law enforcement should be limited to clearly warranted purposes in full respect of the applicable law; reaffirms that as a minimum , the use of facial recognition technology must comply with the requirements of data minimisation , data accuracy , storage limitation , data security and accountability , as well as being lawful , fair , transparent and following a specific , explicit and legitimate purpose that is clearly defined in member state or union law; reminds that these systems are already successfully used , inter alia to search suspect databases and identify victims of human trafficking or child sexual exploitation and abuse; emphasises the need to ensure that the technical standards and underlying algorithms can be considered fundamental rights compliant and that results derived are non-discriminatory; believes that this will be decisive to ensure public trust and support regarding the necessity and proportionality of the deployment of such technologies;


### 16. calls for greater overall transparency from member states , and for a comprehensive understanding of the use of ai applications in the union , broken down by member state law enforcement and judicial authority , the type of tool in use , the types of crime they are applied to , and the companies whose tools are being used; ### 16. calls for greater overall transparency regarding the use of ai applications in the union; requests member states to provide an overview of the tools used by their law enforcement and judicial authorities , the purposes for which they are used , and the names of the companies or organizations which have developed those tools;


### 1. welcomes the fact that the commission proposed a new dedicated programme to support the effective functioning of the single market , which brings together six predecessor programmes as well as numerous measures from different policy areas; ### 1. welcomes the fact that the commission proposed a new dedicated programme to support the effective functioning of the single market , which brings together six predecessor programmes as well as numerous measures from different policy areas; believes that that programme should help to improve the functioning of the internal market and the competitiveness of smes by facilitating the prevention and removal of obstacles and improving the implementation and enforcement of the internal market rules;


### 1. welcomes the fact that the commission’s communication entitled ‘a european strategy for data’ and its white paper on artificial intelligence highlight agriculture as a strategic sector of public interest for the digital era and propose the development of a common european agriculture data space; ### 1. welcomes the fact that the commission’s communication entitled ‘a european strategy for data’ and its white paper on artificial intelligence highlight agriculture as a strategic sector of public interest for the digital era and propose the development of a common european agriculture data space; stresses in this regard the need to encourage the interoperability of such a tool with , in particular , the support and monitoring provisions of the cap in order to ensure its effectiveness;


### 1. points out that fundamental rights constitute an objective system of values which ensures that fundamental communication freedoms are not alterable , including by private-law agreements or business terms and conditions; ### 1. points out that fundamental rights constitute an objective system of values which ensures that fundamental communication freedoms , rights to property , as well as its protection , are not alterable and must be balanced with one another , including by private-law agreements or business terms and conditions;


### 1. points out that fundamental rights constitute an objective system of values which ensures that fundamental communication freedoms are not alterable , including by private-law agreements or business terms and conditions; ### 1. points out that fundamental rights constitute an objective system of values which ensures that fundamental communication freedoms and property , as well as its protection , are not alterable , including by private-law agreements or business terms and conditions;


### 1. stresses that illegal content online should be tackled with the same rigour as illegal content offline; ### 1. stresses that illegal content and cyber-enabled crimes , such as child sexual exploitation online , should be tackled with the same rigour as illegal content and behaviour offline;


### c. whereas the amount of user-generated content , including harmful and illegal content , shared via cloud services or online platforms has increased exponentially; ### c. whereas the amount of user-generated content , including harmful and illegal content , such as images depicting child sexual abuse material (csam) online , shared via cloud services or online platforms has increased exponentially at an unprecedented pace;


### c. whereas the amount of user-generated content , including harmful and illegal content , shared via cloud services or online platforms has increased exponentially; ### c. whereas the amount of user-generated content , including harmful and illegal content , shared via online platforms , including cloud services , has increased exponentially;


### e. whereas the political approach to tackle harmful and illegal content online in the eu has mainly focused on voluntary cooperation thus far , but a growing number of member states are adopting national legislation to address illegal content; ### e. whereas the political approach to tackle harmful and illegal content online in the eu has mainly focused on voluntary cooperation thus far , but a growing number of member states are adopting national legislation to address illegal content and provisions to address certain types of content were included in recent sectoral legislation at eu level;


### f. whereas some forms of harmful content may be legal , yet detrimental to society or democracy , with examples such as opaque political advertising and disinformation on covid-19 causes and remedies; ### deleted


### j. whereas the lack of robust public data on the prevalence and removal of illegal and harmful content online creates a deficit of accountability; ### j. whereas the lack of robust public data on the prevalence and removal of illegal and harmful content online creates a deficit of accountability , both in the private and public sector; this includes the use and underlying source codes of algorithmic processes and how platforms address the erroneous removal of content;


### k. whereas child sexual exploitation online is shaped by technological developments; whereas the vast amount of child sexual abuse material circulating online poses serious challenges for detection , investigation and , most of all , victim identification efforts; ### k. whereas child sexual exploitation online is shaped by technological developments , such as the increased use of end-to-end encryption and the dark web; whereas the vast amount of child sexual abuse material circulating online poses serious challenges for detection , investigation and , most of all , victim identification efforts;


### 2. believes in the clear economic benefits of a functioning digital single market for the eu and its member states; stresses the important obligation to ensure a fair digital ecosystem in which fundamental rights and data protection are respected; calls for a minimum level of intervention based on the principles of necessity and proportionality; ### 2. believes in the clear societal and economic benefits of a functioning digital single market for the eu and its member states; welcomes these benefits , in particular improved access to information and the strengthening of the freedom of expression; stresses the important obligation to ensure a fair digital ecosystem in which fundamental rights and data protection are respected; calls for a minimum level of intervention based on the principles of necessity and proportionality;


### 2. believes in the clear economic benefits of a functioning digital single market for the eu and its member states; stresses the important obligation to ensure a fair digital ecosystem in which fundamental rights and data protection are respected; calls for a minimum level of intervention based on the principles of necessity and proportionality; ### 2. believes in the clear economic benefits of a functioning digital single market for the eu and its member states; stresses the important obligation to ensure a fair digital ecosystem in which fundamental rights - including freedom of expression and information , and media freedom and pluralism - and data protection are respected; calls for a minimum level of intervention based on the principles of necessity and proportionality;


### 3. deems it necessary that illegal content is removed swiftly and consistently in order to address crimes and fundamental rights violations; considers that voluntary codes of conduct only partially address the issue; ### 3. deems it necessary that illegal content is removed swiftly and consistently in order to address crimes , especially those relating to children and fundamental rights violations; considers that voluntary codes of conduct only partially address the issue;


### 4. recalls that illegal content online should not only be removed by online platforms , but should be followed up by law enforcement and the judiciary; finds , in this regard , that a key issue in some member states is not that they have unresolved cases but rather unopened ones; calls for barriers to filing complaints with competent authorities to be removed; is convinced that , given the borderless nature of the internet and the fast dissemination of illegal content online , cooperation between service providers and national competent authorities should be improved; ### 4. recalls that illegal content online should not only be removed by online platforms , but should be followed up by law enforcement and the judiciary; finds , in this regard , that a key issue in some member states is not that they have unresolved cases but rather unopened ones; calls for barriers to filing complaints with competent authorities to be removed; is convinced that , given the borderless nature of the internet and the fast dissemination of illegal content online , cooperation between service providers and national competent authorities should be improved; calls , to this end , on member states to equip their law enforcement and judicial authorities with the necessary expertise , resources and tools to allow them to effectively deal with the increasing number of cases involving illegal content online;


### 5. acknowledges the fact that , while the illegal nature of certain types of content can be easily established , the decision is more difficult for other types of content as it requires contextualisation; warns that some automated tools are not sophisticated enough to take contextualisation into account , which could lead to unnecessary restrictions being placed on the freedom of expression; ### 5. acknowledges the fact that , while the illegal nature of certain types of content can be easily established , the decision is more difficult for other types of content as it requires contextualisation; warns that some automated tools are not sophisticated enough to take contextualisation into account , which could lead to unnecessary takedowns and harm the freedom of expression; highlights that illegal content online can easily be multiplied which greatly amplifies the negative impact within a very short period of time; therefore believes that digital service providers should be allowed to have recourse to automated tools with human oversight to detect , remove or block access to content whose illegality has either been established by a court or can be easily determined without contextualisation;


### 6. underlines that a specific piece of information may be deemed illegal in one member state but is covered by the right to freedom of expression in another; ### 6. underlines that a specific piece of information may be deemed illegal in one member state but is covered by the right to freedom of expression in another; calls for a structured dialogue between member states in order to assess the risk of specific types of content;


### 7. strongly believes that the current eu legal framework governing digital services should be updated with a view to addressing the challenges posed by new technologies and ensuring legal clarity and respect for fundamental rights; considers that the reform should build on the solid foundation of and full compliance with existing eu law , especially the general data protection regulation and the directive on privacy and electronic communications; ### 7. strongly believes that the current eu legal framework governing digital services should be updated with a view to addressing the challenges posed by the fragmentation between the member states and new technologies , as well as ensuring legal clarity and respect for fundamental rights , in particular the freedom of expression; considers that the reform should build on the solid foundation of and full compliance with existing eu law , especially the general data protection regulation and the directive on privacy and electronic communications;


### 7. strongly believes that the current eu legal framework governing digital services should be updated with a view to addressing the challenges posed by new technologies and ensuring legal clarity and respect for fundamental rights; considers that the reform should build on the solid foundation of and full compliance with existing eu law , especially the general data protection regulation and the directive on privacy and electronic communications; ### 7. strongly believes that the current eu legal framework governing digital services should be updated with a view to addressing the challenges posed by new technologies and ensuring legal clarity and respect for fundamental rights; considers that the reform should build on the solid foundation of and full compliance with existing eu law , especially the general data protection regulation , the directive on privacy and electronic communications , and the sector-specific instruments such as the revised audiovisual media services directive;


### 9. calls , to this end , for legislative proposals that keep the digital single market open and competitive by requiring digital service providers to apply effective , coherent , transparent and fair procedures and procedural safeguards to remove illegal content in line with european values; firmly believes that this should be harmonised within the digital single market; ### 9. calls , to this end , for legislative proposals that keep the digital single market open and competitive by requiring digital service providers to apply effective , coherent , transparent and fair procedures and procedural safeguards to prevent by actively detecting and reporting reliably identified child sexual abuse material (csam) online and removing illegal content in line with european values; firmly believes that this should be harmonised within the digital single market;


### 9. calls , to this end , for legislative proposals that keep the digital single market open and competitive by requiring digital service providers to apply effective , coherent , transparent and fair procedures and procedural safeguards to remove illegal content in line with european values; firmly believes that this should be harmonised within the digital single market; ### 9. calls , to this end , for legislative proposals that keep the digital single market open and competitive by requiring digital service providers to apply effective , coherent , transparent and fair procedures and procedural safeguards to remove illegal content in line with european values , while also establishing a procedure for collaboration with law enforcement and judicial authorities; firmly believes that this should be harmonised within the digital single market;


### 11. highlights that this should include rules on the notice-and-action mechanisms and requirements for platforms to take proactive measures that are proportionate to their scale of reach and operational capacities in order to address the appearance of illegal content on their services; supports a balanced duty-of-care approach and a clear chain of responsibility to avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights , including the freedom of expression; ### 11. highlights that this should include rules on the notice-and-action mechanisms and requirements for platforms to take proactive measures that are proportionate to their scale of reach and operational capacities in order to address and prevent the appearance of illegal content on their services , considers that this should entail an obligation for platforms to detect and remove reliably identified child sexual abuse material (csam); supports a balanced duty-of-care approach and a clear chain of responsibility to avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights , including the freedom of expression;


### 11. highlights that this should include rules on the notice-and-action mechanisms and requirements for platforms to take proactive measures that are proportionate to their scale of reach and operational capacities in order to address the appearance of illegal content on their services; supports a balanced duty-of-care approach and a clear chain of responsibility to avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights , including the freedom of expression; ### 11. highlights that this should include rules on the notice-and-action mechanisms and requirements for platforms to take proactive measures that are proportionate to their scale of reach and operational capacities in order to effectively address the appearance of illegal content on their services , while leaving the choice of the concrete measures to the platforms; supports a balanced duty-of-care approach and a clear chain of responsibility to avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights , including the freedom of expression;


### 13. supports limited liability for content and the country of origin principle , but considers improved coordination for removal requests between national competent authorities to be essential; emphasises that such orders should be subject to legal safeguards in order to prevent abuse and ensure full respect of fundamental rights; stresses that sanctions should apply to those service providers that fail to comply with legitimate orders; ### 13. supports limited liability for content and the country of origin principle , but considers improved coordination for removal requests between national competent authorities to be essential; emphasises that such orders should be subject to legal safeguards in order to prevent abuse and ensure full respect of fundamental rights; stresses that sanctions should apply to those service providers that fail to comply with legitimate orders; calls for the creation of an eu centre for preventing and combating child sexual abuse that would ensure an effective and coordinated response to child sexual abuse cases online , as requested in the european parliament resolution on children's rights in the occasion of the 30th anniversary of the un convention on the rights of the child of 26 november 2019;


### 13. supports limited liability for content and the country of origin principle , but considers improved coordination for removal requests between national competent authorities to be essential; emphasises that such orders should be subject to legal safeguards in order to prevent abuse and ensure full respect of fundamental rights; stresses that sanctions should apply to those service providers that fail to comply with legitimate orders; ### 13. supports limited liability for content and the country of origin principle , but considers improved coordination for removal requests between national competent authorities to be essential; emphasises that such orders should be subject to legal safeguards in order to prevent abuse and ensure full respect of fundamental rights; highlights that removal requests from competent authorities should be specific and clearly state the legal basis for removal; stresses that sanctions should apply to those service providers that fail to comply with legitimate orders;


### 14. believes that terms of services of digital service providers should be clear , transparent and fair; deplores the fact that some terms of services from content platforms do not allow law enforcement to use non-personal accounts , which poses a threat both to possible investigations and to personal safety; ### 14. believes that terms of services of digital service providers should be clear , transparent and fair and be made available in an easy and accessible manner to users; deplores the fact that some terms of services from content platforms do not allow law enforcement to use non-personal accounts , which poses a threat both to possible investigations and to personal safety;


### 14. believes that terms of services of digital service providers should be clear , transparent and fair; deplores the fact that some terms of services from content platforms do not allow law enforcement to use non-personal accounts , which poses a threat both to possible investigations and to personal safety; ### 14. believes that terms of services of digital service providers should be clear , transparent , fair and be made available in an easy and accessible manner to users; deplores the fact that some terms of services from content platforms do not allow law enforcement to use non-personal accounts , which poses a threat both to possible investigations and to personal safety;


### 15. underlines that certain types of legal , yet harmful , content should also be addressed to ensure a fair digital ecosystem; expects guidelines to include increased transparency rules on content moderation or political advertising policy to ensure that removals and the blocking of harmful content are limited to the absolute necessary; ### 15. underlines that certain types of legal , yet harmful , content should also be addressed to ensure a fair digital ecosystem; expects guidelines to include increased transparency rules on content moderation and advertising policy to ensure that the removal and the blocking of harmful content are limited to the absolute necessary; calls on the commission to consider this in a specific instrument accompanying the digital services act;


### 15. underlines that certain types of legal , yet harmful , content should also be addressed to ensure a fair digital ecosystem; expects guidelines to include increased transparency rules on content moderation or political advertising policy to ensure that removals and the blocking of harmful content are limited to the absolute necessary; ### 15. stresses that , given the need to reconcile the removal of content with freedom of expression , only content , which is illegal , or presumed to be illegal , should be blocked or removed , with the possibility of effective legal redress. legal content should not , by nature , be subject to any removal or blocking;


### 16. deems that accountability- and evidence-based policy making requires robust data on the prevalence and removal of illegal content online; ### 16. deems that accountability- and evidence-based policy making requires robust data on the prevalence and removal of illegal content online , as well as the incidence and prevention of illegal activity online , particularly against children and other vulnerable groups;


### 16. deems that accountability- and evidence-based policy making requires robust data on the prevalence and removal of illegal content online; ### 16. deems that accountability , both in the private and public sector , and evidence-based policy making require robust data on the prevalence and removal of illegal content online;


### 17. calls , in this regard , for a regular public reporting obligation for platforms , proportionate to their scale of reach and operational capacities; ### 17. calls , in this regard , for a regular public reporting obligation for platforms , proportionate to their scale of reach and operational capacities , more specifically on their content moderation procedures , including standardised data about the amount of content removed and the underlying reasons , the type and justification of removal requests received , the number of requests whose execution was refused and the reasons therefore;


### 17. calls , in this regard , for a regular public reporting obligation for platforms , proportionate to their scale of reach and operational capacities; ### 17. calls , in this regard , for a regular public reporting obligation for platforms , proportionate to their scale of reach and operational capacities; in the case of child sexual abuse , the reporting should be done to the eu centre for preventing and combating child sexual abuse;


### 18. calls , moreover , for a regular public reporting obligation for national authorities; ### 18. calls , moreover , for a regular public reporting obligation for national authorities , including standardised data on the number of removal requests and their legal bases , on the number of removal requests which were subject to administrative or judicial remedies , on the outcome of these proceedings , and on the total number of decisions imposing penalties , including a description of the type of penalty imposed;


### 20. supports the creation of an independent eu body to exercise effective oversight of compliance with the applicable rules; believes that it should enforce procedural safeguards and transparency and provide quick and reliable guidance on contexts in which legal content is to be considered harmful; ### 20. supports the creation of an independent eu body to exercise effective oversight of compliance with the applicable rules; stresses that it should guarantee a harmonised implementation of these rules across the union and enforce procedural safeguards and transparency; believes that it should provide reliable guidance on contexts in which legal content is to be considered harmful;


### 21. considers that the transparency reports drawn up by platforms and national competent authorities should be made available to this eu body , which should be tasked with drawing up yearly reports that provide a structured analysis of illegal content removal and blocking at eu level; ### 21. considers that the transparency reports drawn up by platforms and national competent authorities should be made available to this eu body , which should be tasked with drawing up yearly reports that provide a structured analysis of illegal content , detection , removal and blocking at eu level;


### 22. stresses that this eu body should not take on the role of content moderator , but that it should analyse , upon complaint or on its own initiative , whether and how digital service providers amplify illegal content; calls for this regulator to have the power to impose proportionate fines or other corrective actions when platforms do not provide sufficient information on their procedures or algorithms in a timely manner; ### 22. stresses that this eu body should not take on the role of content moderator , but that it should analyse , upon complaint or on its own initiative , whether and how digital service providers amplify illegal content , for example recommendation engines and optimisation features such as autocomplete and trending; calls for this regulator to have the power to impose proportionate fines or other corrective actions when platforms do not provide sufficient information on their procedures or algorithms in a timely manner;


### 23. underlines the importance of empowering users to enforce their own fundamental rights online , including by means of easily accessible complaint procedures , legal remedies , educational measures and awareness-raising on data protection issues; ### 23. underlines the importance of empowering users to enforce their own fundamental rights online , including by means of easily accessible complaint procedures , reporting mechanisms for illegal content and criminal behaviour for individuals and companies , legal remedies , educational measures , , including the sharing of advice on child online safety , awareness-raising on data protection issues and online safety and the provision of access to cost-free child helplines and age-appropriate services;


### the digital services act should introduce clear due diligence transparency and information obligations; those obligations should not create any derogations or new exemptions to the current liability regime and the secondary liability set out under articles 12 , 13 , and 14 of the e-commerce directive and should cover the aspects described below: ### the digital services act should introduce clear due diligence obligations , including with regards to transparency and information; those obligations should cover the aspects described below:


### - the information requirements in article 5 of the e-commerce directive should be reinforced and the “know your business customer” principle should be introduced; services providers should verify the identity of their business partners , including their company registration number or any equivalent means of identification including , if necessary , the verified national identity of their ultimate beneficial owner; that information should be accurate and up-to-date , and service providers should not be allowed to provide their services when the identity of their business customer is false , misleading or otherwise invalid; ### - the information requirements in article 5 of the e-commerce directive should be reinforced and the “know your business customer” principle should be introduced; services providers should verify the identity of their business partners by obtaining sufficient information to be able to hold them liable for breaches of applicable consumer legislation. that information should be accurate and service providers should conduct regular spot checks to detect inaccurate data.


### a. whereas the framework in the e-commerce directive pre-dates the digital economy era and thus does not reflect the technical , economic and social reality of today´s online services in the transport and tourism sector; ### a. whereas the framework in the e-commerce directive pre-dates the digital economy era and thus does not reflect the technical , economic and social reality of today´s online services in the transport and tourism sector and consider the interaction with national and local regulation that is not typically harmonised at eu level;


### a. whereas a number of questions related to civil and commercial law and enforcement of civil and administrative law is also of specific relevance regarding pure consumer relations; ### a. whereas a number of questions related to civil and commercial law and enforcement of civil and administrative law is also of specific relevance regarding pure consumer relations , as well as online competitiveness and competition;


### 1. notes that the scope of the definition of information society services provided for in the e-commerce directive has been subject to a rich case-law by the european court of justice , especially regarding online platforms in the transport and short-rentals sectors , and hence needs to be clarified; ### 1. notes that the scope of the definition of information society services provided for in the e-commerce directive has been subject to a rich case-law by the european court of justice , especially regarding online platforms in the transport and short-rentals sectors , and hence needs to be clarified; notes that encouraging proactive measures by platforms ensure greater trust , security and safety for users;


### 1. notes that the scope of the definition of information society services provided for in the e-commerce directive has been subject to a rich case-law by the european court of justice , especially regarding online platforms in the transport and short-rentals sectors , and hence needs to be clarified; ### 1. notes that the scope of the definition of information society services provided for in the e-commerce directive has been subject to a rich case-law by the european court of justice , especially regarding online platforms in the transport and short-rentals sectors , and hence needs to be clarified in line with the mentioned case law;


### 1. considers it necessary to adopt uniform , union-wide rules to combat hatred and disinformation and to protect children and youth as well as rules governing online advertising and fair e-commerce and at the same time calls for a strict distinction to be made between illegal and harmful content and cases of disinformation , as different rules are applicable in each case; ### 1. considers it necessary to adopt uniform , union-wide rules to combat hatred , propaganda and disinformation and to protect children and youth as well as rules governing online advertising , micro-targeting and fair e-commerce and at the same time calls for a strict distinction to be made between illegal content , harmful content and cases of disinformation , as different approaches and rules are applicable in each case;


### 1. underlines that digital services and their underlying algorithms need to fully respect fundamental rights , especially the protection of privacy and personal data , non-discrimination and the freedom of speech and information , as enshrined in the treaties and the charter of fundamental rights of the european union; calls therefore on the commission to implement an obligation of transparency and explainability of algorithms , and the possibility of human intervention , as well as other measures , such as independent audits and specific stress tests to assist and enforce compliance; ### 1. underlines that digital services and their underlying algorithms need to fully respect fundamental rights , especially the protection of privacy and personal data , non-discrimination , the rights of the child , and the freedom of speech and information , as enshrined in the treaties and the charter of fundamental rights of the european union; calls therefore on the commission to implement an obligation of transparency , user-friendliness and explanation in layman’s terms for consumers of algorithms , and the possibility of human intervention , as well as other measures , such as independent audits and specific stress tests to assist and enforce compliance;


### 1. stresses that wherever it is technically possible and reasonable , intermediaries should be required to enable the anonymous use of their services and payment for them , since anonymity effectively prevents unauthorised data disclosure and identity theft; notes that where the directive on consumer rights requires commercial traders to communicate their identity , providers of major market places could be obliged to verify their identity , while in other cases the right to use digital services anonymously should be upheld; ### 1. stresses that wherever it is technically possible and reasonable ,intermediaries should prevent unauthorised data disclosure and identity theft through the effective implementation of applicable data protection and e-privacy rules; notes that establishing the personal identity of sellers in the digital space is essential for the security of digital transactions and therefore it should be made enforceable that they communicate their identity , providers of major market places could be obliged to verify their identity in order to reduce the prevalence of counterfeits and other fraudulent activities , disincentives bad actors online and aide law enforcement. the introduction of such obligations should , however , be proportionate and include appropriate safeguards to protect the privacy of users in the course of legitimate and lawful activities;


### 2. calls on the commission to clarify the liability of transport and tourism platforms; invites the commission to set a uniform obligation for platforms to verify the legality of the service offered and the service provider and to act on illegal content , through a legally binding notice and action procedure. ### 2. calls on the commission to clarify the liability of transport and tourism platforms; invites the commission to set a uniform obligation for platforms to verify the legality of the service offered and the service provider and to act on illegal content , through a legally binding notice and action procedure; calls on the commission to require service providers to verify the information and identity of the business partners with whom they have a contractual commercial relationship , and to ensure that the information they provide is accurate and up-to-date;


### 2. calls on the commission to clarify the liability of transport and tourism platforms; invites the commission to set a uniform obligation for platforms to verify the legality of the service offered and the service provider and to act on illegal content , through a legally binding notice and action procedure. ### 2. calls on the commission to clarify the liability of transport and tourism platforms , depending on the business model employed in each case; invites the commission to set a uniform obligation for platforms to verify the legality of the service offered and the service provider and to act on illegal content , once a competent authority has provided with information to constitute actual knowledge of an illegality , through a legally binding notice and action procedure.


### 2. calls on the commission to clarify the liability of transport and tourism platforms; invites the commission to set a uniform obligation for platforms to verify the legality of the service offered and the service provider and to act on illegal content , through a legally binding notice and action procedure. ### 2. calls on the commission to clarify the liability of transport and tourism platforms; invites the commission to set a uniform obligation for platforms to verify the legality of the service offered and the service provider and to act on illegal content effectively , including through a legally binding notice and action procedure.


### 2. calls on the commission to clarify the liability of transport and tourism platforms; invites the commission to set a uniform obligation for platforms to verify the legality of the service offered and the service provider and to act on illegal content , through a legally binding notice and action procedure. ### 2. calls on the commission to clarify the liability of transport and tourism platforms; invites the commission to set a uniform obligation for platforms to identify the service provider and to act on illegal content , through a legally binding notice and action procedure.


### 2. calls on platform operators not only to immediately delete illegal content after positive identification , but also to continuously transmit it to the law enforcement authorities for the purpose of further prosecution , including the metadata necessary for this purpose , ### 2. calls on platform operators not only to immediately delete illegal or seriously harmful content after positive identification , but also to continuously transmit it to the law enforcement authorities for the purpose of further investigation and prosecution , including the metadata necessary for this purpose; acknowledges , however , that larger and established platforms can devote more financial resources for coordinated inauthentic behaviour detection and content moderation than emerging or niche companies and therefore the ability of smaller platforms to prevent , detect , and remove illegal or seriously harmful content can be limited; highlights the need to increase responsibilities and update liability framework for online platforms , considering different regulatory regime for platforms that have systemic role (i.e. platforms that act as gatekeepers or have a capacity to structure markets); stresses that , as such platform operators play an increasing role as distributors and gatekeepers of news media and cultural content , they must not only safeguard , but actively promote cultural and linguistic diversity;


### 2. calls on platform operators not only to immediately delete illegal content after positive identification , but also to continuously transmit it to the law enforcement authorities for the purpose of further prosecution , including the metadata necessary for this purpose , ### 2. calls on platform operators to take their responsibility as content distributors and gatekeepers , as they play a crucial role in accessing news , audiovisual content and creative works; stresses that in order to safeguard and promote cultural and linguistic diversity , the promotion of european works , as well as media pluralism , the use of algorithms by such platforms should be transparent so that it is clear how access to content is granted , denied , ranked and/or undermined; calls on platform operators to not only to immediately delete illegal content after positive identification , but also to continuously transmit it to the law enforcement authorities for the purpose of further prosecution , including the metadata necessary for this purpose;


### 2. emphasises that the rapid development of digital services requires strong legislation to protect privacy and a reasonable duty of care to ensure digital dignity; stresses therefore in this regard that all digital services need to fully respect union data protection law , namely regulation (eu) 2016/679 of the european parliament and of the council (gdpr)1 and directive (ec) 2002/58 of the european parliament and of the council (eprivacy)2 , currently under revision , and the freedom of expression; ### 2. emphasises that the rapid development of digital services requires strong and future-proof legislation that protects privacy , provides reasonable duty of care to ensure digital dignity and effectively addresses illegal content; stresses in this regard that all digital service providers need to fully respect union data protection law , namely regulation (eu) 2016/679 of the european parliament and of the council(gdpr)1 and directive (ec) 2002/58 of the european parliament and of the council (eprivacy)2 , currently under revision , and other union legislation which includes obligations upon them with the aim to balance the right of users to freedom of expression with the right to liberty and security;


### 2. notes that since the online activities of individuals allow for deep insights into their personality and make it possible to manipulate them , the collection and use of personal data concerning the use of digital services should be subjected to a specific privacy framework and limited to the extent necessary to provide and bill the use of the service; ### 2. notes that since the online activities of individuals allow for deep insights into their personality and make it possible to manipulate them , indirectly above all , the collection , use and accessing of personal data concerning the use of digital services should be subjected to a specific privacy framework and limited to the extent strictly necessary to provide the service and bill the users;


### 2. notes that since the online activities of individuals allow for deep insights into their personality and make it possible to manipulate them , the collection and use of personal data concerning the use of digital services should be subjected to a specific privacy framework and limited to the extent necessary to provide and bill the use of the service; ### 2. notes that since the online activities of individuals allow for deep insights into their personality and make it possible to manipulate them , the collection and use of personal data concerning the use of digital services should be subjected to the gdpr and the eprivacy provisions;


### 3. stresses the importance of establishing a european authority tasked with overseeing the online platform market , with offices for transport and tourism. ### deleted


### 3. stresses the importance of establishing a european authority tasked with overseeing the online platform market , with offices for transport and tourism. ### 3. stresses the importance of overseeing the online platform market at european level.


### 3. insists that the protection and promotion of freedom and diversity of opinion , information , the press and cultural forms of expression , as well as the protection of the privacy of communication between individuals , form the basis of liberal democracy and that this applies online without restriction; demands therefore that the use of all technologically feasible means of combating harmful or illegal content on the internet in this context be subjected to careful prior constitutional vetting and therefore rejects prior checks on content as disproportionate; ### 3. insists that the protection and promotion of freedom and diversity of opinion and expression , information , the press , artistic and cultural forms of expression , as well as the protection of the privacy of communication between individuals , form the basis of liberal democracy and that this applies online without restriction; demands therefore that the use of all technologically feasible means of combating harmful or illegal content on the internet in this context be subjected to careful prior constitutional vetting and therefore rejects prior checks on content as disproportionate;


### 3. insists that the protection and promotion of freedom and diversity of opinion , information , the press and cultural forms of expression , as well as the protection of the privacy of communication between individuals , form the basis of liberal democracy and that this applies online without restriction; demands therefore that the use of all technologically feasible means of combating harmful or illegal content on the internet in this context be subjected to careful prior constitutional vetting and therefore rejects prior checks on content as disproportionate; ### 3. insists that the protection and promotion of freedom and diversity of opinion , information , the press and cultural forms of expression , the property rights , as well as the protection of the privacy of communication between individuals , must be balanced with one another , form the basis of liberal democracy offline and online; demands therefore that the use of all technologically feasible means of combating harmful or illegal content on the internet in this context respects the principle of proportionality;


### 3. recommends commission to work on harmonising the national personal identification sign-ins with a view to creating a single union sign-in system in order to ensure the protection of personal data and age verification , especially for children; ### 3. recommends the commission to work on harmonising the national electronic identification system with a view to creating a single electronic identification system for eu citizens which ensures the protection of personal data and age verification , especially for children , and makes public services more accessible to everyone; considers that such a system should be secure and only process the data that is necessary for the identification of the user;


### 3. notes that automated tools are unable to differentiate illegal content from content that is legal in a given context; highlights that human review of automated reports by service providers does not solve this problem as private staff lack the independence , qualification and accountability of public authorities; stresses , therefore , that the digital services act should explicitly prohibit any obligation on hosting service providers or other technical intermediaries to use automated tools for content moderation , and refrain from imposing notice-and-stay-down mechanisms; insists that content moderation procedures used by providers should not lead to any ex-ante control measures based on automated tools or upload-filtering of content; ### 3. stresses the importance to establish a clear , uniform and up-to-date regulatory framework , with among others clear definitions and more effective rules to fight harmful and illegal content online ; stresses , therefore , that the digital services act should ensure that online platforms that are actively hosting or moderating content bear more responsibility for the content they host and encourage hosting service providers or other technical intermediaries to use proactive measures such as repeating offender policies , the use of trusted flaggers , bulk notification submissions or automated tools in order to identify and prevent the dissemination of illegal content without prejudice to the ability of the parties concerned to have recourse to judicial remedy;


### 4. emphasises that open , network and technology-neutral access to the internet must be particularly protected by law because it forms the basis for the necessary interoperability of services and systems , ensures diversity , enables fair competition and the creation of a digital service infrastructure that includes access for every single citizen of the union to quality information , educational , scientific and cultural offers; calls therefore on the commission to step up efforts to ensure the equal , non-discriminatory treatment of all data traffic in the union and to critically re-examine the impact of zero-rated offers on competition in the union. ### 4. considers that governance of technology must be implemented in a way that does not disrupt innovation or curtail freedom of expression; emphasises that open , network and technology-neutral access to the internet must be particularly protected by law because it forms the basis for the necessary interoperability of services and systems , ensures diversity , enables fair competition and the creation of a digital service infrastructure that includes access for every single citizen of the union to quality information , media , educational , scientific and cultural offers; calls therefore on the commission to step up efforts to ensure equal , non-discriminatory treatment of all data traffic in the union; recalls the 2017 report’s commissioned for the commission findings that "there appears to be little reason to believe that zero-rating gives rise to competition concerns.";1a considers , however , that the commission may need to critically re-examine the impact of zero-rated offers on competition in the union in the future;


### 4. points out that biometric data is considered to be a special category of personal data with specific rules for processing; notes that biometrics can and are used for identification and authentication of individuals , which entails significant risks to and interferences with the right to privacy and data protection , as well as enabling identity fraud; calls on the commission to incorporate in its digital services act an obligation to always give users of digital services an alternative for using biometrical data for the functioning of a service , and an obligation to clearly inform the customers on the risks of using biometric data; stresses that a digital service may not be refused where the individual refuses to use biometric data; ### 4. points out that biometric data is considered to be a special category of personal data with specific rules for processing; notes that biometrics can and are increasingly used for identification and authentication of individuals including in a number of sensitive areas such as banking and essential services such as healthcare , which entails significant risks to and interferes with the right to privacy and data protection , when carried out without the consent of the data subject , as well as enabling identity fraud when applied without robust security safeguards; calls on the commission to incorporate in its digital services act an obligation to always give users of digital services an alternative for using biometrical data for the functioning of a service , and an obligation to clearly inform the customers on the risks of using biometric data; highlights the numerous advantages of the use of biometric data , specifically , the higher level of security when compared to alphanumeric security features or pin codes; notes that , therefore , biometric data can be utilised to offer a wide range of services digitally that would currently require the physical presence of the data subject; urges that , to the greatest extent possible , a digital service may not be refused where the individual does not consent to use biometric data;


### 4. stresses that the responsibility for enforcing the law , deciding on the legality of online activities and ordering hosting service providers to remove or disable access to illegal content as soon as possible should rest with independent judicial authorities; considers that only a hosting service provider that has actual knowledge of illegal content and its illegal nature should be subject to content removal obligations; ### 4. stresses that the digital services act should ensure that safeguards and legal remedies are available for all measures applied by platforms and digital service providers as independent judicial authorities have the ultimate responsibility for enforcing the law , and they take the final decision on the legality of online activities and on ordering hosting service providers to remove or disable access to illegal content ; considers that only a hosting service provider that has actual knowledge of illegal content and its illegal nature should be subject to content removal obligations;


### 5. draws attention to the importance of data access in the platform economy; highlights the vital role data plays for local governments in enforcing and developing policies in the fields of transport and tourism; ### 5. draws attention to the importance of data access , data portability and transparent data governance in the platform economy; highlights the vital role data plays for local governments in enforcing and developing policies in the fields of transport and tourism , as well as in creating new innovate services that contribute to europe's competitiveness; highlights the need for enhanced access to data for smes in the transport and tourism sector.


### 5. notes the potential negative impact of micro-targeted advertising and of assessment of individuals , especially on minors and other vulnerable groups , by interfering in the private life of individuals , posing questions as to the collection and use of the data used to target said advertising , offering products or services or setting prices; calls therefore on the commission to introduce a limitation on micro-targeted advertisements , especially on vulnerable groups , and a prohibition on the use of discriminatory practices for the provision of services or products. ### 5. notes that behavioural advertising , including microtargeting , and assessment of individuals , may better address potential needs than contextual advertising but can also have negative impacts , especially on minors and other vulnerable groups , by interfering in the private life of individuals , posing questions as to the collection and use of the data used to target said advertising , offering products or services , setting prices , or influencing democratic processes and elections; calls therefore on the commission to introduce specific requirements with regard to behavioural advertising to protect fundamental rights , including a limitation on microtargeted advertisements on vulnerable groups and a prohibition on the use of discriminatory practices for the provision of services or products;


### 5. notes the potential negative impact of micro-targeted advertising and of assessment of individuals , especially on minors and other vulnerable groups , by interfering in the private life of individuals , posing questions as to the collection and use of the data used to target said advertising , offering products or services or setting prices; calls therefore on the commission to introduce a limitation on micro-targeted advertisements , especially on vulnerable groups , and a prohibition on the use of discriminatory practices for the provision of services or products. ### 5. notes the safeguards that digital service providers and online platforms have introduced on their own initiative and following various exchanges of views with the parliament and the commission to avoid the potential negative impact posed by micro-targeted advertising and of assessment of individuals , especially on minors and other vulnerable groups , by interfering in the private life of individuals , posing questions as to the collection and use of the data used to target said advertising , offering products or services or setting prices; calls therefore on the commission to introduce a limitation on micro-targeted advertisements , especially on vulnerable groups , and a prohibition on the use of discriminatory practices for the provision of services or products.


### 5. emphasises that the spread of false and racist information on social media should be contained by giving users control over content proposed to them; stresses that curating content on the basis of tracking user actions should require the user’s consent; proposes that users of social networks should have a right to see their timeline in chronological order; suggests that dominant platforms should provide users with an api to have content curated by software or services of their choice; ### 5. emphasises that the one of the measures against the spread of false and illegal content on social media is giving users control over content proposed to them; stresses that curating content on the basis of tracking user actions should require the user’s consent; proposes that users of social networks should have a right to see their timeline in chronological order; suggests that platforms should ensure higher transparency in automated decision-making processes by making sure that algorithms are not biased , and the decision making processes within an algorithmic system must always remain comprehensible and as transparent as possible;


### 5. emphasises that the spread of false and racist information on social media should be contained by giving users control over content proposed to them; stresses that curating content on the basis of tracking user actions should require the user’s consent; proposes that users of social networks should have a right to see their timeline in chronological order; suggests that dominant platforms should provide users with an api to have content curated by software or services of their choice; ### 5. emphasises that the spread of false and racist information on social media should be contained by giving users control over content proposed to them; stresses that curating content on the basis of tracking user actions should require the user’s prior and fully informed consent; proposes that users of social networks should have a right to see their timeline in chronological order; suggests that dominant platforms should provide users with an api to have content curated by software or services of their choice;


### 6. stresses the need to build on the p2b regulation to limit the dominance of market giants in the transport and tourism sector; stresses the urgency for the commission to establish well defined criteria regarding “size” of platforms. ### 6. stresses the need to build on the p2b regulation to limit the dominance of market giants in the transport and tourism sector , with the aim of preserving a diversity of actors , ensuring satisfactory competition and preventing the emergence of monopolies.


### 6. stresses that , in order to overcome the lock-in effect of centralised networks and to ensure competition and consumer choice , users of dominant social media services and messaging services should be given a right to cross-platform interaction via open interfaces (interconnectivity). ### 6. stresses that , in order to overcome the lock-in effect of centralised networks and to ensure competition and consumer choice , users of dominant social media services and messaging services should be given a right to cross-platform interaction via open interfaces (interconnectivity). stresses that online marketplaces should be encouraged to impose a locked ecosystem for the use of digital products sold on their services; a high level of interoperability should be ensured by providing these products in a format that is open and allows its exportation to any digital environment;


### 7. calls on the commission to come up with a comprehensive framework to align the working conditions of platform workers with those of regular employees; ### deleted


### 8. emphasizes the need for transparency in transport and tourism platforms , specifically on algorithms affecting service , pricing , and advertising. ### 8. emphasizes the need for transparency in transport and tourism platforms , specifically on algorithms affecting service , pricing , and advertising , but at the same time observes that the degree of transparency must be weighed up against the right to protect vital trade secrets.


### 1. recalls that artificial intelligence (ai) should serve humanity and that its benefits should be widely shared; stresses that , in the long-term , ai may surpass human intellectual capacity; stresses the need therefore to establish safeguards such as human control and verification of ai decision-making; ### 1. recalls that artificial intelligence (ai) and technology , more broadly , should serve humanity , not the other way round , and that its benefits should be widely shared; stresses that , in the long-term , ai may in some areas even surpass human intellectual capacity; stresses the need therefore to establish adequate safeguards including , when reasonable , design systems with human-in-the-loop control and review processes of ai decision-making;


### 1. recalls that artificial intelligence (ai) should serve humanity and that its benefits should be widely shared; stresses that , in the long-term , ai may surpass human intellectual capacity; stresses the need therefore to establish safeguards such as human control and verification of ai decision-making; ### 1. recalls that artificial intelligence (ai) should serve humanity and that its benefits should be widely shared; stresses that , in the long-term , ai may surpass human intellectual capacity; stresses the need therefore to establish safeguards such as human control and verification of ai decision-making; as in other fields , marketing authorisation procedures for products produced through ai need to be investigated;


### 1. recalls that artificial intelligence (ai) should serve humanity and that its benefits should be widely shared; stresses that , in the long-term , ai may surpass human intellectual capacity; stresses the need therefore to establish safeguards such as human control and verification of ai decision-making; ### 1. recalls that artificial intelligence (ai) should be at the service of humanity and that its benefits should be widely shared; stresses that , in the long-term , ai may surpass human intellectual capacity; stresses the need therefore to establish safeguards such as human control and verification of ai decision-making;