Source: OJ L, 2024/1689, 12.7.2024Current language: EN
- Artificial intelligence act
Basic legislative acts
- AI act regulation
Article 77 Powers of authorities protecting fundamental rights
Summary What does Article 77 of the AI act regulation say?
This article establishes a coordination mechanism between two distinct types of national authorities: those responsible for enforcing fundamental rights obligations under Union law, and the market surveillance authorities responsible for enforcing the AI Act itself.
It grants fundamental rights bodies the power to access documentation held under this Regulation when they need it to carry out their own mandates, and creates an escalation path allowing them to request technical testing of a high-risk AI system where documentation alone is insufficient.
The article also places an administrative obligation on Member States to identify and publish a list of the relevant fundamental rights authorities.
Important points:
- Member States are required to identify and publicly list the national authorities or bodies empowered under this article, with notification due to the Commission and other Member States by 2 November 2024.
- National fundamental rights authorities can access documentation under this Regulation and, where that documentation is insufficient, can request the market surveillance authority to organise technical testing of a high-risk AI system.
- Any information or documentation obtained through this article must be treated in accordance with the confidentiality obligations set out in Article 78.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
National public authorities or bodies which supervise or enforce the respect of obligations under Union law protecting fundamental rights, including the right to non-discrimination, in relation to the use of high-risk AI systems referred to in Annex III shall have the power to request and access any documentation created or maintained under this Regulation in accessible language and format when access to that documentation is necessary for effectively fulfilling their mandates within the limits of their jurisdiction. The relevant public authority or body shall inform the market surveillance authority of the Member State concerned of any such request.
By 2 November 2024, each Member State shall identify the public authorities or bodies referred to in paragraph 1 and make a list of them publicly available. Member States shall notify the list to the Commission and to the other Member States, and shall keep the list up to date.
Where the documentation referred to in paragraph 1 is insufficient to ascertain whether an infringement of obligations under Union law protecting fundamental rights has occurred, the public authority or body referred to in paragraph 1 may make a reasoned request to the market surveillance authority, to organise testing of the high-risk AI system through technical means. The market surveillance authority shall organise the testing with the close involvement of the requesting public authority or body within a reasonable time following the request.
Any information or documentation obtained by the national public authorities or bodies referred to in paragraph 1 of this Article pursuant to this Article shall be treated in accordance with the confidentiality obligations set out in Article 78.
Relevant recitals
Recital 157 Powers of other relevant authorities and a safeguard procedure
This Regulation is without prejudice to the competences, tasks, powers and independence of relevant national public authorities or bodies which supervise the application of Union law protecting fundamental rights, including equality bodies and data protection authorities. Where necessary for their mandate, those national public authorities or bodies should also have access to any documentation created under this Regulation. A specific safeguard procedure should be set for ensuring adequate and timely enforcement against AI systems presenting a risk to health, safety and fundamental rights. The procedure for such AI systems presenting a risk should be applied to high-risk AI systems presenting a risk, prohibited systems which have been placed on the market, put into service or used in violation of the prohibited practices laid down in this Regulation and AI systems which have been made available in violation of the transparency requirements laid down in this Regulation and present a risk.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
market surveillance authority
Definition
AI system
Definition
risk