S.L. 586.14 Art. 3Designation of market surveillance authority. 3       S.L. 586.08.    S.L. 586.08. 4 [S.L.

The Commissioner shall be designated as the market surveillance authority for the purpose of Regulation (EU) 2024/1689

for the following high-risk AI systems:

(a) high-risk biometric systems in so far as the systems are used for law enforcement purposes, border management and justice and democracy, where permitted by law, and these shall include:

(i) remote biometric identification systems:

Provided that this shall not include AI systems intended to be used for biometric verification the sole purpose of which is to confirm that a specific natural person is the person he claims to be;

(ii) AI systems intended to be used for biometric categorisation, according to sensitive or protected attributes or characteristics based on the inference of those attributes or characteristics;

(iii) AI systems intended to be used for emotion recognition;

(b) high-risk systems intended to evaluate and classify emergency calls by natural persons or to be used to dispatch, or to establish priority in the dispatching of emergency first response services, including by Police, fire-fighters and medical aid, as well as of emergency healthcare patient triage systems;

(c) high-risk systems used for law enforcement, in so far as their use is permitted by law, and these shall include: COMMISSIONER FOR THE PURPOSES OF REGULATION

(EU) 2024/1689)

(i) AI systems intended to be used by or on behalf of law enforcement authorities to assess the risk of a natural person becoming the victim of criminal offences;

(ii) AI systems intended to be used by or on behalf of law enforcement authorities as polygraphs or similar tools;

(iii) AI systems intended to be used by or on behalf of law enforcement authorities to evaluate the reliability of evidence in the course of the investigation or prosecution of criminal offences;

(iv) AI systems intended to be used by law enforcement authorities or on their behalf for assessing the risk of a natural person committing or re-committing not solely on the basis of the profiling of natural persons as referred to in regulation 2 of Data Protection (Processing of Personal Data by Competent Authorities for the Purposes of the Prevention, Investigation, Detection or Prosecution of Criminal Offences or the Execution of Criminal Penalties) Regulations, or to assess personality traits and characteristics or past criminal behaviour of natural persons or groups;

(v) AI systems intended to be used by or on behalf of law enforcement authorities for the profiling of natural persons as referred to in regulation 2 of Data Protection (Processing of Personal Data by Competent Authorities for the Purposes of the Prevention, Investigation, Detection or Prosecution of Criminal Offences or the Execution of Criminal Penalties) Regulations in the course of the detection, investigation or prosecution of criminal offences.

(d) high-risk systems used for migration, asylum and border control management, in so far as their use is permitted by law, and these shall include:

(i) AI systems intended to be used by or on behalf of competent public authorities as polygraphs or similar tools;

(ii) AI systems intended to be used by or on behalf of competent public authorities to assess a risk, including a security risk, a risk of irregular migration, or a health risk, posed by a natural person who intends to enter or who has entered into the territory of Malta; INFORMATION AND DATA PROTECTION COMMISSIONER FOR THE PURPOSES OF REGULATION 586.14 (EU) 2024/1689)

(iii) AI systems intended to be used by or on behalf of competent public authorities to assist competent public authorities for the examination of applications for asylum, visa or residence permits and for associated complaints with regard to the eligibility of the natural persons applying for a status, including related assessments of the reliability of evidence;

(iv) AI systems intended to be used by or on behalf of competent public authorities in the context of migration, asylum or border control management, for the purpose of detecting, recognising or identifying natural persons, with the exception of the verification of travel documents.

(e) high-risk systems used for administration of justice and democratic processes, and these shall include:

(i) AI systems intended to be used by a judicial authority or on their behalf to assist a judicial authority in researching and interpreting facts and the law and in applying the law to a concrete set of facts, or to be used in a similar way in alternative dispute resolution;

(ii) AI systems intended to be used for influencing the outcome of an election or referendum or the voting behaviour of natural persons in the exercise of their vote in elections or referenda. This does not include AI systems to the output of which natural persons are not directly exposed, such as tools used to organise, optimise or structure political campaigns from an administrative or logistical point of view.