Supervision of Artificial Intelligence in the EU and the Protection of Privacy

• In this paper, the supervisory regime in the proposed EU General Regulation on AI will be analyzed, with the aim to critically assess the role of supervisory authorities with regards to AI systems in safeguarding both the development of AI systems and protecting democratic and individual rights. As with other supervisory structures in EU law, such as data protection and financial market law, the proposed network is to consist of an agency at the EU level, the new European Artificial Intelligence Board (EAIB), as well as supervisory authorities located at the national level. These regulatory and supervisory administrative structures can be identified as a part of the success story described as the Brussels effect, where EU regulatory regimes on data protection have had a global impact. However effective, can a network of independent supervisory authorities be trusted to effectively monitor the use of developing AI systems and at the same time balance the benefits and risk of the new technologies with the fundamental rights of privacy, data protection, freedom of information, and non-discrimination? Considering the largely unknown, dynamic character of AI, the central democratic function of freedom of information, and the individual right to privacy and data protection, the question must be asked if there is a limit to how much power it is reasonable to bestow on these networks of supervisory authorities. 

Ämnesord

SAMHÄLLSVETENSKAP  -- Juridik -- Juridik (hsv//swe)

SOCIAL SCIENCES  -- Law -- Law (hsv//eng)

Nyckelord

Artificial Intelligence Act

Supervision

Administrative Fines

Privacy

Data Protection

Black Box

Europarätt

European (Integration) Law

förvaltningsrätt

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