Final recommendation on supervision of AI: sector and centrally coordinated

Artificial intelligence (AI) is developing at breakneck speed and is used on an increasingly large scale everywhere. The possibilities for application are endless, and AI offers huge opportunities for our society. At the same time, there may be substantial risks.

The AI Regulation contains rules for responsible development and use of AI by businesses, governments, and other organisations. Well-organised supervision gives consumers confidence and creates clarity for organisations and the business sector. They can continue to consult the (sectoral) supervisory authorities they already know.

Sectoral approach

Because of the many different AI applications, there are also many different risks. An AI system in toys entails other risks than, for example, an AI system for recruitment and selection. That is why the RDI and the Dutch DPA recommend ensuring that supervision of AI in the different sectors and domains is in line with regular supervision as much as possible.

Products such as machines, lifts or toys already have to comply with various European (safety) rules. Consumers can recognise this by the CE marking. If AI is used in products such as these, the requirements of the AI Regulation must be met as well. The supervision of these products can remain with the same supervisory authority. In this way, the best possible use is made of knowledge, expertise and capacity of the sectoral supervisory authorities, and their mandates remain intact.

When organisations integrate AI applications in products and services without the current mandatory CE marking, supervision of this can also be in line with existing supervisory roles. It concerns, for example, applications where AI systems are used for making decisions about people, such as with recruitment and selection, assessments in education, or risk selection by governmental organisations.

Collaboration is crucial

For these cross-sectoral applications, it is important that supervisory authorities collaborate from their sectoral and domain-specific expertise. For example: they should be able to share signals among each other and they can collaborate in appropriate interventions. Supervision of the AI Regulation has to take place in close collaboration between supervisory authorities in order to prevent fragmentation of supervision and to ensure that organisations know what is expected from them.

In the final opinion on supervision of the AI Regulation, the RDI and the Dutch DPA are given coordinating roles. From an expert role, they support and advise other supervisory authorities and facilitate collaboration.

Joint commitment

This final opinion is the result of intensive collaboration between all supervisory authorities involved, and with support from the Inspection Council and the Algorithm & AI Chambre of the Digital Regulation Cooperation Platform (SDT).

Angeline van Dijk, inspector-general of the RDI, says about this: "This broad involvement underlines the joint commitment to a responsible and safe integration of AI in Dutch society. We do not only look at today, but also at what a safe and at the same time innovative AI landscape asks of us tomorrow."

Dutch DPA chairman Aleid Wolfsen emphasises the importance of the protective effect of the AI Regulation: "Even now, people can already come into contact with AI systems every day, and it is important that citizens can be confident that AI is used in a safe and fair manner and with respect for fundamental rights. By collaborating as supervisory authorities, we safeguard the development and safe use of high-risk AI systems across various sectors, based on a uniform interpretation of the Regulation throughout the European Union. As the European Data Protection Board also wrote recently, within such a structure, its role and knowledge enable the Dutch DPA to make an important contribution to the product supervision where AI makes decisions about people or makes assessments."

Explanation of final opinion on 18 November

To provide further explanation about the opinion on supervision of the AI Regulation, the RDI and the Dutch DPA are organising a meeting in Utrecht on Monday 18 November from 10:00 to 12:00. At this meeting, the supervisory authorities will explain the opinion and there will be room for asking questions or providing points for attention. Interested parties on behalf of representative organisations can register through dca@remove-this-text.autoriteitpersoonsgegevens.nlquoting 'Explanatory meeting about Final opinion on supervision of AI Regulation'. Please note that there is only limited seating capacity.

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