The European Data Protection Supervisor (EDPS) has put forward several key recommendations in its self-initiated opinion on the new European AI law. This proposed regulation, currently in its final stages, sets out a comprehensive framework for governing the development and utilisation of AI systems within the European Union.
The central focus of these recommendations is to mitigate risks to fundamental rights while also defining the EDPS’s role as the future AI overseer in EU institutions, bodies, offices, and agencies.
No compromise of fundamental rights
One of the primary recommendations is the prohibition of AI systems that pose unacceptable risks to fundamental rights. The EDPS underlines the importance of ensuring that AI applications do not compromise individuals’ fundamental rights, echoing a similar sentiment expressed in a previous joint opinion with the European Data Protection Board.
Furthermore, the EDPS advocates for its designation as the competent body and market surveillance authority. As such, it would be responsible for evaluating the compliance of high-risk AI systems used or developed by EU institutions. It also seeks to become the overseeing authority for their provision and usage. To carry out this role effectively, the EDPS calls for the clarification of its tasks and powers within the framework of the AI Act, emphasising the need for sufficient financial and human resources to function as an AI ombudsman.
The recommendations also address the right of individuals to file complaints in cases where AI system providers or users violate the European AI Law. The EDPS not only supports this right but suggests that the regulation explicitly grants the EDPS the ability to receive such complaints. In a broader context, the EDPS proposes that data protection authorities should be designated as national supervisory bodies to collaborate with agencies possessing specific AI expertise to ensure the reliability of these systems.
Finally, the EDPS welcomes the creation of the European AI Office and endorses its goal of centralisng law enforcement in specific instances and harmonising its application across all EU member states. Thie EDPS is also open to participating in joint investigations alongside national supervisory authorities and engaging in other activities of the AI Office. Consequently, the EDPS is requesting voting rights as a full member of the AI Office board from the co-legislator.
