Opinion 44/2023 on the Proposal for Artificial Intelligence Act in the light of legislative developments

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EDPS' Final Recommendations on the AI Act

The European Data Protection Supervisor (EDPS) has published its final recommendations on the Artificial Intelligence Act (AI Act), a proposed EU regulation that aims to regulate the development and use of Artificial Intelligence (AI) systems in the EU institutions, bodies, offices, and agencies (EUIs). The EDPS' recommendations focus on its future tasks as the authority responsible for overseeing AI systems in EUIs. Key recommendations include:

Prohibiting AI systems that pose unacceptable risks to individuals and their fundamental rights
Designating the EDPS as the notified body and market surveillance authority for high-risk AI systems developed or deployed by EUIs
Ensuring individuals affected by AI systems have the right to lodge a complaint before a competent authority
Designating data protection authorities as national supervisory authorities to cooperate with authorities with specific expertise in deploying AI systems
Establishing the European Artificial Intelligence Office (AI Office) for enforcing the AI Act and harmonizing its application across the EU
Allowing the EDPS to take part in AI Office activities and hold voting rights on its management board.

These recommendations aim to ensure that AI systems used and developed by EUIs are safe, sound, and respectful of individuals' fundamental rights and freedoms.