EDPS comments to the AI Office’s consultation on the application of the definition of an AI system and the prohibited AI practices established in the AI Act launched by the European AI Office

On 13 November 2024, the European AI Office launched a multi-stakeholder consultation on the application of the definition of an AI system and the prohibited AI practices established in the AI Act. With this contribution, the EDPS would like to highlight possible discrepancies of the processing of personal data in the context of the development and deployment of certain AI systems with data protection law (without prejudice to these being finally assessed by national Courts and by the CJEU). This contribution builds on the EDPB and EDPS Joint Opinion on the AI Act, as well as relevant EDPB guidelines, and follows the structure of the questions included in the multi-stakeholder consultation.

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