In only a few months the European Commission is set to present a regulation on artificial intelligence (AI). Despite numerous statements from civil society and other actors about the dangers of applying a risk-based approach to regulating AI, the European Commission seems determined to go in this direction. The Commission already said in its 2020 White Paper on Artificial Intelligence that it wanted to apply a risk-based approach.
However, a risk-based approach to regulation is not adequate to protect human rights. Our rights are non-negotiable and they must be respected regardless of a risk level associated with external factors.