European Union: Issued EDPS Opinion on Proposal for a Directive on AI Liability Rules

On 11 October 2023, the European Data Protection Supervisor (EDPS) submitted an opinion on the European Commission's Proposal for a Directive on adapting non-contractual civil liability rules to artificial intelligence (AI). The Proposal would introduce transparency requirements for high-risk artificial intelligence (AI) systems and aims to ensure that victims benefit from the same standards of protection when harmed (AI) products or services, as they would if harm was caused under any other circumstances. The EDPS issues several recommendations, including equivalent protection for individuals harmed by AI systems of EU institutions and individuals harmed by private actors or national authorities. It also advocates for the application of more procedural safeguards for all AI system-related damages, regardless of their risk classification. In addition, the EDPS calls for clear and understandable disclosure of information by AI system providers and users and requests confirmation that the Proposal does not limit individuals' redress mechanisms under Union data protection law. Finally, the EDPS proposes considering additional measures to ease the burden of proof in addressing challenges posed by AI systems on EU and national liability rules.