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(3)
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AI systems can be easily deployed in a large variety of sectors of the
economy and many parts of society, including across borders, and can easily circulate throughout
the Union. Certain Member States have already explored the adoption of national rules to ensure
that AI is trustworthy and safe and is developed and used in accordance with fundamental rights
obligations. Diverging national rules may lead to the fragmentation of the internal market and
may decrease legal certainty for operators that develop, import or use AI systems.
A consistent and high level of protection throughout the Union should therefore be ensured
in order to achieve trustworthy AI, while divergences hampering the free circulation,
innovation, deployment and the uptake of AI systems and related products and services within the
internal market should be prevented by laying down uniform obligations for operators and
guaranteeing the uniform protection of overriding reasons of public interest and of rights of
persons throughout the internal market on the basis of Article 114 of the Treaty on the
Functioning of the European Union (TFEU). To the extent that this Regulation contains specific
rules on the protection of individuals with regard to the processing of personal data concerning
restrictions of the use of AI systems for remote biometric identification for the purpose of law
enforcement, of the use of AI systems for risk assessments of natural persons for the purpose of
law enforcement and of the use of AI systems of biometric categorisation for the purpose of law
enforcement, it is appropriate to base this Regulation, in so far as those specific rules are
concerned, on Article 16 TFEU. In light of those specific rules and the recourse to
Article 16 TFEU, it is appropriate to consult the European Data Protection Board.
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