AI Act
Table of Contents
Chapter I – GENERAL PROVISIONS
Chapter II – PROHIBITED AI PRACTICES
Chapter III – HIGH-RISK AI SYSTEMS
Chapter IV – TRANSPARENCY OBLIGATIONS FOR PROVIDERS AND DEPLOYERS OF CERTAIN AI SYSTEMS
Chapter V – GENERAL-PURPOSE AI MODELS
Chapter VI – MEASURES IN SUPPORT OF INNOVATION
Chapter VII – GOVERNANCE
Chapter VIII – EU DATABASE FOR HIGH-RISK AI SYSTEMS
Chapter IX – POST-MARKET MONITORING, INFORMATION SHARING AND MARKET SURVEILLANCE
Chapter X – CODES OF CONDUCT AND GUIDELINES
Chapter XI – DELEGATION OF POWER AND COMMITTEE PROCEDURE
Chapter XII – PENALTIES
Chapter XIII – FINAL PROVISIONS
Recitals (180)
Annexes
Chapter IX – POST-MARKET MONITORING, INFORMATION SHARING AND MARKET SURVEILLANCE
Article 77
Powers of authorities protecting fundamental rights
1. National public authorities or bodies which supervise or enforce the respect of obligations under Union law protecting fundamental rights, including the right to non-discrimination, in relation to the use of high-risk AI systems referred to in Annex III shall have the power to request and access any documentation created or maintained under this Regulation in accessible language and format when access to that documentation is necessary for effectively fulfilling their mandates within the limits of their jurisdiction. The relevant public authority or body shall inform the market surveillance authority of the Member State concerned of any such request.
2. By 2 November 2024, each Member State shall identify the public authorities or bodies referred to in paragraph 1 and make a list of them publicly available. Member States shall notify the list to the Commission and to the other Member States, and shall keep the list up to date.
3. Where the documentation referred to in paragraph 1 is insufficient to ascertain whether an infringement of obligations under Union law protecting fundamental rights has occurred, the public authority or body referred to in paragraph 1 may make a reasoned request to the market surveillance authority, to organise testing of the high-risk AI system through technical means. The market surveillance authority shall organise the testing with the close involvement of the requesting public authority or body within a reasonable time following the request.
4. Any information or documentation obtained by the national public authorities or bodies referred to in paragraph 1 of this Article pursuant to this Article shall be treated in accordance with the confidentiality obligations set out in Article 78.