EDPB and EDPS publish joint opinion on AI Digital Omnibus package

The European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) have issued a Joint Opinion about the European Commission’s Digital Omnibus on AI package. While supportive of administrative simplification, the regulators warn that these efforts must not compromise the protection of fundamental rights. 

In this regard, they express concern over a proposal to allow providers of any AI system to process special categories of personal data for bias detection. The opinion recommends restricting this to specific situations in which the adverse effects of bias are "sufficiently serious."

The regulators also oppose removing registration requirements for high-risk AI systems when providers self-classify as non-high risk. They argue this would diminish accountability and encourage organisations to claim exemptions to avoid public scrutiny. To promote innovation, the creation of EU-level regulatory sandboxes is welcomed, though the opinion insists on the direct involvement of member state data protection authorities (DPAs) to oversee data processing and ensure legal certainty. They also recommend that the EDPB be given an advisory role and observer status on the EU AI Board. 

Further recommendations include maintaining the existing duty for AI developers and users to ensure AI Literacy among their staff, rather than shifting this responsibility entirely to member states. Meanwhile, the regulators also caution against postponing core provisions for high-risk systems under the Artificial Intelligence Act (AI Act), suggesting that transparency requirements should adhere to the original timeline, given the rapid pace of technological change. 

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