The Human Rights Board (the College) has been established as a fundamental rights authority Artificial Intelligence (AI).
On Aug. 1, 2024, the European law on Artificial Intelligence, better known as the AI Regulation, entered into force. Among other things, this law requires all EU member states to identify supervisors to ensure that fundamental rights are respected and protected in the application of AI. The College has been established as a fundamental rights authority in its capacity as a national institute for human rights and as an equal treatment body. In addition, the Personal Data Authority, the Attorney General at the Supreme Court, the President of the Administrative Law Division of the Council of State, the judicial board of the Central Board of Appeal and the judicial board of the Board of Business Appeals have been established as fundamental rights authorities for data protection law.
Nico Schrijver, interim president of the College: "AI applications offer many benefits and opportunities. But cases like the childcare allowance affair show that the use of AI and algorithms can also pose risks to human rights. To minimize and manage those risks, effective fundamental rights oversight is necessary. The College is well able and eager to take on that important task, provided a number of conditions are met."
In an advice to the ministers concerned the College outlines what is essential to effectively set up its role as a fundamental rights AI regulator. In summary, these are:
That fundamental rights monitoring should focus not only on equal treatment and data protection, but on protection of all fundamental and human rights, including legal protection, freedom of expression and fundamental social rights.
A proactive approach focusing on education, risk identification, investigation and counseling; it is not enough to respond to reports of possible violations.
A clear division of labor, good cooperation and information and knowledge exchange between all parties involved.
Sufficient powers; supplementing the College's mandate with the ability to investigate discriminatory government actions.
Additional capacity and resources so that the College can continue to perform existing statutory duties without limitation.
Coming period the fundamental rights supervision of AI will be further developed and set up. The supervision of so-called high-risk systems must be implemented from August 2026. Before that, knowledge building, education and awareness raising must already be started, so that all parties involved are prepared for this in time.
