EU: EDPB and EDPS publish joint opinion on the European Commission’s Proposal for the Digital Omnibus on AI | DLA Piper
https://www.jdsupra.com/legalnews/eu-edpb-and-edps-publish-joint-opinion-1310614/
Publish Date: 2026-02-17 12:43:00
Source Domain: www.jdsupra.com
- The article discusses the European Commission’s Proposal to simplify the implementation of the European Artificial Intelligence Act and highlights the importance of balancing simplification with the protection of fundamental rights.
- The European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) caution against any changes that could compromise the delicate balance between safeguarding innovation and protecting individual rights.
- They are particularly concerned about adjustments that would lower thresholds for using special category data in AI systems and the removal of registration duties for non-high-risk systems, both of which could weaken accountability.
- The EDPB and EDPS advocate for EU-level AI regulatory sandboxes ensuring a robust supervisory role for data protection authorities and clear cooperation between EU and national authorities.
- They underscore the necessity of continued supervision by national authorities for very large online platforms and search engines due to privacy risks.
- They support enhanced cooperation between market surveillance authorities and fundamental rights authorities but stress that intermediate roles should not compromise the independence of data protection authorities.
- They recommend retaining the AI literacy obligations for AI systems’ providers and deploying entities, with possible supplements from the European Commission and Member States.
- The article also covers the Proposal’s postponement of the implementation timeline for high-risk AI systems, which the EDPB and EDPS oppose due to potential harm to fundamental rights and legal certainty.
- The Opinion concludes by emphasizing the need for the Proposal to maintain its core safeguards and recognizing the potential for modifications during the EU legislative process.
