AI, Automated Decision Making and EU Law

This paper focuses on the AI, automated decision-making processes in surveillance operations of law enforcement and intelligence agencies, and the scope of the national security exception in EU law within which their operations may fall. The sophisticated AI-based automated processes may be implemented to detect ‘suspicious’ behaviour in security practice. The paper thus examines how AI fits into automated decision making, the limitations on automated decision making (GDPR and Convention 108+) and the CJEU's approach (most importantly in Opinion 1/15) in order to assess the legal constraints of automated surveillance operations under EU law.