The European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) have published a joint opinion on the European Commission's proposal to simplify the implementation of the AI Regulation. This proposal is also known as the "Digital Omnibus on AI."
The EDPB and EDPS support the goal of making rules workable for organizations and stimulating innovation. At the same time, they emphasize that simplification should not lead to less protection of fundamental rights, such as the right to privacy and data protection.
The proposal broadens the use of special personal data on, for example, ethnicity or health for the purpose of detecting and correcting discrimination in AI systems ("bias detection" and "bias correction").
The EDPB and EDPS believe that this should only be allowed in strictly defined situations, where the risks of discrimination are serious and appropriate safeguards are in place.
The EDPB and EDPS consider it undesirable to remove the registration requirement for AI systems that providers themselves do not classify as high-risk systems. This undermines transparency and oversight and may encourage abuse.
The role of the AI Office (European Commission) as a supervisory authority must be clearly defined. National supervisory authorities must retain sufficient scope to take action, and their powers must be properly aligned with those of the AI Office.
More efficient cooperation between supervisory authorities is welcome, but procedures for this must be made clearer and central contact points must not lead to a loss of powers or independence for national privacy supervisory authorities.
Governments can stimulate AI knowledge, but organizations that develop or use AI remain responsible for ensuring sufficient knowledge and care within their organization.
The EDPB and EDPS express concerns about postponing key obligations for high-risk AI systems. They advocate that these obligations should come into effect as much as possible according to the original schedule.
The Dutch Autoriteit Persoonsgegevens AP) is one of the supervisory authorities in the EDPB.
