EDPB and EDPS raise law enforcement concerns over Commission’s proposal on AI

During its June plenary, the European Data Protection Board (EDPB) adopted a joint opinion along with the European Data Protection Supervisor (EDPS), on the Artificial Intelligence Act. 

The EDPB and EDPS strongly welcome the proposal’s scope and the fact that it extends to the provision and use of AI systems by EU institutions, bodies or agencies. However, the exclusion of international law enforcement cooperation from the scope set of the proposal raises serious concerns for the EDPB and EDPS, as such exclusion creates a significant risk of circumvention, such as  third countries or international organisations operating high-risk applications relied on by public authorities in the EU.

The EDPB and the EDPS welcome the risk-based approach underpinning the Commission’s proposal. However, this approach should be clarified and the concept of “risk to fundamental rights” aligned with the GDPR and the Regulation (EU) 2018/1725 (EUDPR), since aspects related to the protection of personal data come into play, the two EU bodies stated.

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