As mentioned in previous posts, the Artificial Intelligence Act (AI Act) creates harmonized rules on artificial intelligence (AI), so as to optimize the internal market and encourage the adoption of trustworthy, human-centric AI. It aims not only to promote a socially and environmentally beneficial context which allows for key competitive advantages to companies and the European economy, but also to guarantee a high level of protection fundamental rights (such as health or safety) in the face of potential risks associated with different AI systems and models.
Although the AI Act was published on 12 July 2024 and therefore entered into force on 1 August 2024 (i.e. 20 days after publication), most provisions will apply only after a two-year implementation period (i.e. from 2 August 2026).
Let me focus on article 77 of the AI Act (Powers of Authorities Protecting Fundamental Rights), which requires that member states identify 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 specified in the Act – (i) biometrics, (ii) critical infrastructure, (iii) education and vocational training, (iv) employment, workers management and access to self-employment, (v) access to and enjoyment of essential private services and essential public services and benefits, (vi) law enforcement, (vii) migration, asylum and border control management and (viii) administration of justice and democratic processes (see Annex III and Recital 157 of the AI Act) by November 2, 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 this list up to date.
In what concerns Portugal, 14 entities were selected, after an analysis carried out by the AI working group, created in the context of the Council for Digital in Administration (CDAP).
Autoridade Nacional de Comunicações (ANACOM) will ensure coordination between all these entities to guarantee a common approach towards fundamental rights protection from high-risk AI systems. The list of these entities (apart from ANACOM itself) is as follows:
- Inspeção-Geral das Finanças (IGF)
- Gabinete Nacional de Segurança (GNS)
- Entidade Reguladora para a Comunicação Social (ERC)
- Inspeção-Geral da Defesa Nacional (IGDN)
- Inspeção-Geral dos Serviços de Justiça (IGSJ)
- Polícia Judiciária (PJ)
- Inspeção-Geral da Administração Interna (IGAI)
- Inspeção-Geral da Educação e Ciência (IGEC)
- Entidade Reguladora da Saúde (ERS)
- Autoridade de Segurança Alimentar e Económica (ASAE)
- Inspeção-Geral do Ministério do Trabalho, Solidariedade e Segurança Social (IGMTSSS)
- Autoridade para as Condições do Trabalho (ACT)
- Entidade Reguladora dos Serviços Energéticos (ERSE)
Member States still have time (till 2 August 2025) to designate the regulator or authority that will be responsible for monitoring the rules contained in the AI act.
#ai #aiact #fundamental rights #article 77 #fdul #lpl
