EDPB and EDPS Issues Joint Opinion on European Commission’s Digital Omnibus on AI Proposal
The European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) have issued a Joint Opinion on the European Commission’s Proposal for the ‘Digital Omnibus on AI’. This Proposal aims to simplify the application of certain harmonized rules under the AI Act to improve their practical implementation. Both the EDPB and EDPS agree with the need to address challenges related to AI Act enforcement but emphasize that administrative simplification should never compromise the protection of fundamental rights.
The Joint Opinion highlights the complexity of the AI environment and supports efforts to reduce burdens on organizations, particularly small and medium-sized enterprises (SMEs). It welcomes the introduction of EU-level regulatory sandboxes and simplified procedures to encourage innovation. However, it stresses that Data Protection Authorities (DPAs) must retain a central role in overseeing the processing of personal data, ensuring cooperation with the AI Office and Market Surveillance Authorities to maintain legal certainty and protect individual rights.
The Opinion raises concerns about some proposed changes, such as extending the use of sensitive personal data for bias detection across all AI systems, which should be limited to serious risk cases only. It opposes removing the obligation to register high-risk AI systems, warning that this could reduce accountability and lead to misuse of exemptions. The EDPB and EDPS also call for clear definitions of supervisory roles, especially regarding AI systems based on general-purpose models, to avoid overlaps and preserve independent oversight.
Finally, the EDPB and EDPS support better coordination among fundamental rights bodies and Market Surveillance Authorities but insist that DPAs’ independence and powers remain intact. They recommend maintaining AI literacy obligations for AI providers and deployers, with any new responsibilities for the Commission or Member States complementing these duties. They also express concern about delaying key requirements for high-risk AI systems, urging lawmakers to keep original timelines where possible to keep pace with AI developments.
