Banning artificial intelligence (AI)
systems that pose unacceptable risks to fundamental rights and
clarifying the role of the European Data Protection Supervisor
(EDPS) as the future supervisor of AI in EU institutions,
bodies, offices and agencies are the main recommendations
formulated by the EPDS in its own-initiative opinion on the new
European AI law.
The proposal for a regulation, which is now in its final stages,
lays down new rules for the development and use of AI systems in
the EU, providing for a series of obligations and prohibitions
on the basis of the risk involved.
In its recommendations, the Supervisor reiterated the importance
of prohibiting the use of AI systems that pose unacceptable
risks to individuals and their fundamental rights, as already
argued in the previous joint opinion on AI formulated in
conjunction with the European Data Protection Board.
The EDPS then considers its designation as the competent body
and market surveillance authority for assessing the compliance
of high-risk AI systems developed or used by EU institutions,
and as the competent authority for supervising their provision
or use. In this regard, it calls for its tasks and powers to be
clarified within the framework of the AI Act, and reiterates the
need for adequate financial and human resources to fulfil the
role of AI ombudsman.
The recommendations also address the right to lodge a complaint
in the event that providers or users of AI systems violate the
AI Act. According to the Supervisor, not only should this right
be recognised for persons affected by the use of AI systems, but
the regulation should also explicitly provide for the EPDS to be
able to receive such complaints. More generally, it is
recommended that data protection authorities be designated as
national supervisory authorities to cooperate with authorities
with specific competences in the use of AI systems and ensure
their reliability.
Finally, the EDPS welcomes the establishment of the European AI
Office and supports its objective of centralising law
enforcement in certain cases and harmonising its application
across all EU member states. The EDPS also says it is ready to
carry out joint investigations on an equal footing with national
supervisory authorities and to participate in the other
activities of the AI Office. Consequently, the Supervisor asks
the co-legislator to grant it voting rights as a full member of
the AI Office board.
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