AI Summit_Sept. 13 2024

(62) Without prejudice to the rules provided for in Regulation (EU) 2024/… of the European Parliament and of the Council 35 + , and in order to address the risks of undue external interference to the right to vote enshrined in Article 39 of the Charter, and of adverse effects on democracy and the rule of law, AI systems intended to be used to influence the outcome of an election or referendum or the voting behaviour of natural persons in the exercise of their vote in elections or referenda should be classified as high-risk AI systems with the exception of AI systems whose output natural persons are not directly exposed to, such as tools used to organise, optimise and structure political campaigns from an administrative and logistical point of view. (63) The fact that an AI system is classified as a high-risk AI system under this Regulation should not be interpreted as indicating that the use of the system is ▌ lawful under other acts of Union law or under national law compatible with Union law, such as on the protection of personal data, on the use of polygraphs and similar tools or other systems to detect the emotional state of natural persons. Any such use should continue to occur solely in accordance with the applicable requirements resulting from the Charter and from the applicable acts of secondary Union law and national law. This Regulation should not be understood as providing for the legal ground for processing of personal data, including special categories of personal data, where relevant , unless it is specifically otherwise provided for in this Regulation .

35 Regulation (EU) 2024/… of the European parliament and of the Council of ... on the transparency and targeting of political advertising (OJ L, …, ELI: …). + OJ: please, insert in the text the number of the Regulation in PE 90/23 (2021/0381(COD)) and complete the corresponding footnote.

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