AEPD and AESIA to supervise Artificial Intelligence in Spain

AEPD and AESIA to supervise Artificial Intelligence in Spain

Both agencies, AEPD and AESIA, will be in charge of supervising the Artificial Inteligence in Spain. The Spanish Artificial Intelligence Supervisory Agency (AESIA) is a pioneering body in Europe that was created thanks to the impulse of the Ministry of Economic Affairs and Digital Transformation.

Together with the Spanish Data Protection Agency (AEPD), will be in charge of supervising the commercialisation and implementation of technology involving artificial intelligence (AI) in Spain.

What will be the mission of both agencies?

For its part, AESIA’s mission will be to ensure compliance with and correct application of the Artificial Intelligence Regulation currently being developed by the European Union, the aim of which will be to establish common rules applicable to all Member States for the regulation of the development and use of Artificial Intelligence throughout the continent, especially in those cases that may pose a significant risk to the security, fundamental rights and health of those affected.

In this regard, and given that the use of technology of this nature often also involves the processing of personal data, the AEPD and the AESIA will collaborate and work hand in hand to ensure compliance with the Artificial Intelligence Regulation and the General Data Protection Regulation (GDPR), which the AEPD is responsible for monitoring.

In summary, it will be essential for both Agencies to coordinate and collaborate to guarantee the adequate protection of the rights and freedoms of citizens/users against the risks that the use of artificial intelligence may entail.

What about other Member States?

Unlike what is happening in Spain, where a new competent body on artificial intelligence has been created, in other Member States, and specifically in France, the CNIL (Commission Nationale de l’Informatique et des Libertés), analogous to the AEPD in that country, is positioning itself as the competent body or authority to ensure compliance with the new Artificial Intelligence Regulation.

At the European level, a new European Committee on Artificial Intelligence will be set up, which will be made up of representatives of the European Commission, one member from each of the 27 national competent authorities of each Member State and the European Data Protection Supervisor.

In addition, it is envisaged that an independent database will be set up by the Commission, in cooperation with the Member States, containing information on high-risk AI systems that will have to be registered before they are introduced on the market.

When does the new Artificial Intelligence Regulation enter into force?

On 21 April 2021, the European Commission published its proposal for the Regulation on Artificial Intelligence and, according to the definition offered in this proposal, the Regulation will apply to all software that is developed using one or more techniques for a given set of objectives defined by humans, generating output information such as content, predictions, recommendations or decisions that influence the environments with which it interacts.

As of today, the legislative process is still ongoing, and there is no foreseen date of entry into force of this Regulation, although, once it enters into force, organisations will have two years to adapt to the obligations foreseen in this document in the field of AI. During this adaptation period, no sanctions will be imposed, but organisations will have to ensure and comply with the obligations as far as possible.

Where will the Regulation on Artificial Intelligence apply?

It shall have territorial scope and shall apply not only within the European Union, but also to providers and users established outside the territory of the European Union, provided that they:

• They introduce or put into service AI systems in the European Union;
• The output information generated by the AI system is used in the European Union.

At Letslaw by RSM we are experts in providing legal advice on Digital Law as well as Artificial Intelligence matters, so we will be glad to assist you in adapting your project to the new regulatory requirements on AI. Do not hesitate to contact us!