Authors: Marcel Mir Teijeiro and Koen Holtman
Our thanks to Ze Shen Chin for the valuable review and feedback on this report.
We’ve published our report analysing the AI Act omnibus changes proposed by the Commission. The report provides a detailed assessment of the amendments we are concerned about and, for each of them, puts forward concrete and actionable recommendations for the EU co-legislators.
Our main concerns are:
- The deletion of reporting obligations from of Article 6(4);
- The changes to Article 75(1), which would unnecessarily overburden the AI Office while also disallowing national market surveillance authorities to act in areas where they are better placed to surveil and enforce;
- The revised rules on the use of personal data (Article 4a), in a way where any future weakening of the GDPR would directly undermine fundamental rights protection, as the proposed changes rely on the GDPR’s existing safeguards and logic.
The report also identifies several more subtle concerns that are easy to overlook, and makes recommendations for how to address them.
We also included a dedicated section highlighting several important issues in the AI Act that are not addressed by the omnibus proposal:
- Fixing legal ambiguities in the Article 2 exception for scientific research
- Fixing an over-reach in Article 6(1)
- Improving the incident reporting requirements to align them with other legislation
We propose amendments for these issues, which we believe merit discussion during the legislative process.