Further opinion of the CHR on the draft law on artificial intelligence systems
Date:
A representative of the Commissioner for Human Rights should not be part of the Committee on the Development and Security of Artificial Intelligence, which, according to the government draft, is supposed to oversee the artificial intelligence sector. This would contradict the role of the law protection body that the legislature has assigned to the CHR in the Constitution and would undermine the principle of the Commissioner's independence. The Commission is expected to make administrative decisions and rulings that can be the subject of complaints from citizens to the CHR. The CHR would then be required to recognise a complaint against actions taken — among others — by its own representative. This, in turn, would violate the legal principle that no one can be a judge in their own case.
CHR Marcin Wiącek sent an opinion to the Secretary of State at the Ministry of Digitalisation Dariusz Standerski on the draft law on artificial intelligence systems (No. UC71).
Update from 27.03.2025: While thanking the Ministry of Digitalisation for taking the comments on the original version of the draft into account, the CHR provides an opinion on the current version.
The opinion focuses on ensuring a properly structured complaints procedure, which should make the right to lodge a remedy with the market surveillance authority a reality.
The Commissioner requests that his comments be taken into account during the legislative process.
https://bip.brpo.gov.pl/pl/content/rpo-sztuczna-inteligencja-projekt-ustawy-opinia-mc-kolejna
