The Ministry of Digital Affairs has completed a pre-consultation related to the implementation of the Artificial Intelligence Act. The AI Act is the world’s first legal instrument of this kind aimed to comprehensively regulate the development and application of AI. The EU regulation imposes an obligation on the Member States to adapt their legal systems so as to effectively implement the new rules in practice. The pre-consultation involved 50 entities.
The pre-consultation concerned mainly the appointment of a new surveillance authority and regulation of who should perform the function of the notifying authority. Another question asked in the preconsultation was whether the function of the market surveillance authority and notifying authority should be performed by one and the same institution or by two independent bodies. Finally, the question was asked what categories of stakeholders (e.g. bodies, institutions, organisations, enterprises, social groups, categories of citizens and others) should receive priority treatment in respect of communication and educational activities connected with the process of entry into force of the new EU regulation.
The vast majority of opinions pointed out to the need to appoint a new authority for the surveillance of the AI market. The authority should:
a) be a single contact point for the general public and other partners at the Member States level and at the EU level,
b) examine applications for placing on the market and putting into service of high-risk AI systems and complaints from individuals affected by the AI systems,
c) accept reports on any serious incidents, among other things.
A minority of respondents believe that the competences of the supervisory authority should be granted to an already existing institution. In this context, a number of bodies have been named, including: President of the Office of Competition and Consumer Protection (PL: Urząd Ochrony Konkurencji i Konsumentów – UOKiK), President of the Personal Data Protection Office (PL: Urząd Ochrony Danych Osobowych – UODO), Chair of Komisja Nadzoru Finansowego (KNF), Chair of the National Broadcasting Council (Krajowa Rada Radiofonii i Telewizji – KRRiTV), President of the Office of Electronic Communications (PL: Urząd Komunikacji Elektronicznej – UKE) and Minister of Digital Affairs (PL: Minister Cyfryzacji – MC).
More details can be found here:
https://www.gov.pl/web/cyfryzacja/przyszlosc-ai-w-polsce--wyniki-prekonsultacji-wdrozenia-aktu-o-sztucznej-inteligencji