Beyond the Scope? The National Security Exemption and AI-Based Surveillance: Examining the Impact on EU Citizens' Rights in the Age of Artificial Intelligence

Abstract

This thesis examines the National Security Exemption within the EU Artificial Intelligence Act and its implications for AI‐based surveillance, particularly concerning the protection of EU citizens’ fundamental rights. It explores the tension between enabling national security measures and safeguarding individual rights such as privacy and data protection, as guaranteed by the EU Charter of Fundamental Rights.

Using a doctrinal analysis, the research reviews legislative texts, case law, and academic literature to map out the legal landscape governing AI in surveillance contexts. Central to the discussion is the principle of proportionality—a key legal concept used to balance national security objectives with the rights of individuals. The thesis outlines the technical and operational aspects of AI, defining components like machine learning, neural networks, and natural language processing, and examines their application in both civilian and military contexts.

Moreover, analogies to the GDPR and the ePrivacy Directive are central to the analysis, providing a comparative framework that informs how data protection and privacy standards should be applied in the realm of AI-based surveillance. The work scrutinizes the ambiguous definition of “national security” within EU law, highlighting how this vagueness affects the interpretation and application of the exemption. By analyzing landmark cases and relevant EU regulations, the thesis assesses how the exemption is applied in practice and the challenges it poses for legal clarity, stakeholder compliance, and innovation.

Ultimately, the research aims to contribute to the broader discourse on AI regulation by proposing a framework for interpreting the National Security Exemption in a way that respects both state security imperatives and the rights of individuals. It calls for more transparent and balanced regulatory measures that allow for responsible innovation while ensuring that fundamental rights are not undermined in the age of artificial intelligence.