A call to assign responsibility for enforcing the new regulation for systems with artificial intelligence (AI Act) to the federal and state Data Protection Conference (DSK) is gaining EU-wide support. The European Data Protection Board (EDPB) stressed in a statement on Tuesday that European data protection authorities “already have experience and expertise in dealing with the impact of AI on fundamental rights.” They should therefore be designated as “market surveillance authorities in many cases” for the AI Act.
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This will ensure better coordination between the different regulatory authorities, increase legal certainty for all parties and strengthen the enforcement of both AI law and EU data protection law. The EDPB justifies its request. Contradictions will be avoided and synergies created. Above all, close cooperation with the new European AI Office is essential.
“Absolute freedom” and more
In particular, data protection authorities should, according to the regulation, monitor high-risk AI systems “used for law enforcement, border management, the administration of justice and democratic processes,” the panel writes. It also encourages member states to also use data protection controllers for other appropriately classified applications. This is particularly important when it is used in areas where citizens’ rights and freedoms are “likely to be compromised” when processing personal data.
The EDPB believes that data protection officers should become the central contact point for this issue. Its Vice-President Irene Loizidou Nicolaidou was convinced that “data protection officers are ideally suited for this role due to their full independence and deep understanding of AI risks”.
Alternative: Federal Network Agency – or a new authority
EU countries have until August 2, 2025 to adopt implementing laws designating common market surveillance authorities to enforce compliance with the regulation. While the DSK also feels predestined for this role, other experts advocate for a federal network agency and, in the medium term, its own higher federal authority for digital. This is the only way to ensure “equal supervision density”.
The EDPB also has Two question and answer lists EU-US data protection framework adopted This should provide more clarity on how it works,
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