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EDPB and the Role of DPAs Under the EU AI Act

The European Data Protection Board (EDPB) recently adopted a statement suggesting the Data Protection Authorities’ (DPAs) role with regard to the EU AI Act recently published in the Official Journal of the EU.

The EDPB noted that DPAs are already experienced in handling the impact of AI on fundamental rights. Hence it recommends that DPAs should be designated as Market Surveillance Authorities (MSAs)—which oversee and enforce the EU AI Act for AI systems currently on the market—for high-risk AI systems for law enforcement, border management, administration of justice, and democratic processes. The EDPB further recommends that Member States consider designating DPAs as MSAs for other high-risk AI systems, especially in sectors likely to impact natural persons' rights and freedoms regarding the processing of personal data. It also recommends that such DPAs appointed as MSAs should be designated the single points of contact. We will be watching to see if the recommendations of the EDPB are in fact adopted. 

According to the EDPB, DPAs already have experience and expertise when dealing with the impact of AI on fundamental rights, in particular the right to protection of personal data, and should therefore be designated as Market Surveillance Authorities (MSAs) in a number of cases.

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copyright, copyright litigation, privacy & cybersecurity, regulatory, technology transactions, ai & machine learning