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European Data Protection Supervisor publishes final recommendations on AI Act

On 24 October 2023 the European Data Protection Supervisor (EDPS) published its final recommendations for the Proposal for a Regulation of the European Parliament and of the Council Laying Down Harmonised Rules on Artificial Intelligence (the AI Act), as the proposal of the AI Act enters the final stages of negotiations between EU co-legislators.

The EDPS opinion includes recommendations:

  1. that the use of AI systems that pose unacceptable risks to individuals and their fundamental rights are prohibited, including the prohibition on using AI systems for automated recognition of human features and other behavioural signals in public spaces, and the categorisation of individuals based on their biometric features;
  2. that AI systems already in use at the date of the AI Act becoming applicable should comply with the requirements of the AI Act from the date of its applicability;
  3. for how it can fulfil its role as an authority for the supervision of the provision and use of AI systems and the need for more resources and manpower to fulfil this;
  4. for inclusion of a provision which informs individuals that the EDPS can receive complaints by individuals; and
  5. that the Act attribute voting rights in the AI Office (established to harmonise enforcement of the AI Act) to the EDPS.

The EDPS’ recommendations can be read here.

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