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EU Data Protection Board strengthens AI governance framework with new initiatives

EU Data Protection Board
EU Data Protection Board

The European Data Protection Board (EDPB) has initiated significant steps to strengthen cooperation with the European Union's Artificial Intelligence Office, as revealed in a formal communication dated November 6, 2024. The announcement, made by EDPB Chair Anu Talus in Brussels, outlines who will be involved, what measures will be implemented, where the cooperation will take place, when key meetings are scheduled, why this coordination is essential, and how the implementation will proceed.

According to the official document, this strategic move follows a letter dated August 29, 2024, from President Ursula von der Leyen's office, addressing the critical intersection between data protection authorities and the AI Act Framework. The timing of this announcement holds particular significance, coming just 25 days before a crucial EDPB plenary meeting scheduled for early December 2024.

The EDPB's 2024-2027 Strategy specifically identifies regulatory consistency as a cornerstone priority. This strategic framework acknowledges the fundamental need to harmonize various regulatory mechanisms within the European Union's expanding digital governance structure. The coordination effort represents a response to the increasing complexity of managing artificial intelligence systems while maintaining robust data protection standards.

A significant technical development outlined in the communication involves the preparation of comprehensive guidelines addressing the interplay between the General Data Protection Regulation (GDPR) and the AI Act. This initiative marks the first concrete step toward creating a unified approach to AI governance and data protection in the European Union.

The legal foundation for this cooperation stems from multiple sources. According to the document, these include Articles 2(3)(c) and (d), and Article 6 of the Commission Decision dated January 24, 2024, which established the European Artificial Intelligence Office. Additional legal bases comprise Articles 65(2) and 66(h) of the Artificial Intelligence Act, alongside Article 70(4) of the General Data Protection Regulation.

Several key meetings have been scheduled to facilitate this coordination. The EDPB has planned a technical-level meeting for November 21, 2024, focusing specifically on AI models. This meeting precedes the legal deadline of December 23 for adopting an Article 64(2) GDPR Opinion on AI models. Additionally, a public event organized by the EDPB is scheduled for November 5, 2024, demonstrating the board's commitment to transparency and stakeholder engagement.

The coordination framework includes specific attention to high-risk AI systems, as mandated by Article 74(8) of the AI Act. This particular focus underscores the EDPB's recognition of the unique challenges posed by advanced AI applications and their potential impact on data protection rights.

Looking ahead to 2025, the EDPB has already indicated its willingness to present its adopted opinion on AI models during a future AI Board meeting in the first semester. This forward-looking approach demonstrates the long-term commitment to maintaining consistent dialogue and coordination between these crucial regulatory bodies.

The organizational structure supporting this initiative includes key personnel from both entities. The EDPB Secretariat, led by Isabelle Vereecken as Head and Gwendal Le Grand as Deputy Head, will play a crucial role in facilitating communication and coordination between the various stakeholders.

A central component of the initiative involves the upcoming EDPB plenary meeting, scheduled for either December 2 or 3, 2024. During this meeting, the AI Office is expected to present detailed information about its establishment and operational framework, along with updates on the AI Board's formation and activities.

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