On 23 October 2023, the European Data Protection Supervisor (EDPS) published its opinion on the Council and Parliament's positions on the proposed Artificial Intelligence Act (AI Act). The opinion focuses on legal, technical and institutional aspects related to the future roles and tasks of the EDPS under the AI Act. Namely, EDPS emphasises the importance of "red lines" regarding prohibited AI systems and high-risk AI systems and notes that the exceptions proposed by the Council and Parliament could "jeopardise the implementation of the safeguards". The EDPS recommends amendments to make the AI systems currently in use subject to the AI Act requirements, welcomes its designation as notified body, market surveillance authority, and competent authority for EU institutions and notes that further clarity on roles and powers must be provided. Furthermore, during the current negotiations on the AI Act, the EDPS recommends that the Council and Parliament establish a European approach to enforcement, especially in cross-border cases.
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