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Allow personal data collected for other purposes to be used to develop and test artificial intelligence systems in regulatory sandboxes under defined conditions.


CONTROL ID
15044
CONTROL TYPE
Systems Design, Build, and Implementation
CLASSIFICATION
Preventive

SUPPORTING AND SUPPORTED CONTROLS




This Control directly supports the implied Control(s):
  • Establish, implement, and maintain regulatory sandboxes., CC ID: 14946

There are no implementation support Controls.


SELECTED AUTHORITY DOCUMENTS COMPLIED WITH




  • In the AI regulatory sandbox personal data lawfully collected for other purposes shall be processed for the purposes of developing and testing certain innovative AI systems in the sandbox under the following conditions: (Article 54 1., Proposal for a Regulation of The European Parliament and of The Council Laying Down Harmonized Rules On Artificial Intelligence (Artificial Intelligence Act) and Ameding Certain Union Legislative Acts)
  • the data processed are necessary for complying with one or more of the requirements referred to in Title III, Chapter 2 where those requirements cannot be effectively fulfilled by processing anonymised, synthetic or other non-personal data; (Article 54 1(b), Proposal for a Regulation of The European Parliament and of The Council Laying Down Harmonized Rules On Artificial Intelligence (Artificial Intelligence Act) and Ameding Certain Union Legislative Acts)
  • a high level of protection and improvement of the quality of the environment; (Article 54 1(a)(iii), Proposal for a Regulation of The European Parliament and of The Council Laying Down Harmonized Rules On Artificial Intelligence (Artificial Intelligence Act) and Ameding Certain Union Legislative Acts)
  • public safety and public health, including disease prevention, control and treatment; (Article 54 1(a)(ii), Proposal for a Regulation of The European Parliament and of The Council Laying Down Harmonized Rules On Artificial Intelligence (Artificial Intelligence Act) and Ameding Certain Union Legislative Acts)
  • any personal data to be processed in the context of the sandbox are in a functionally separate, isolated and protected data processing environment under the control of the participants and only authorised persons have access to that data; (Article 54 1(d), Proposal for a Regulation of The European Parliament and of The Council Laying Down Harmonized Rules On Artificial Intelligence (Artificial Intelligence Act) and Ameding Certain Union Legislative Acts)
  • any processing of personal data in the context of the sandbox do not lead to measures or decisions affecting the data subjects; (Article 54 1(f), Proposal for a Regulation of The European Parliament and of The Council Laying Down Harmonized Rules On Artificial Intelligence (Artificial Intelligence Act) and Ameding Certain Union Legislative Acts)
  • any personal data processed are not be transmitted, transferred or otherwise accessed by other parties; (Article 54 1(e), Proposal for a Regulation of The European Parliament and of The Council Laying Down Harmonized Rules On Artificial Intelligence (Artificial Intelligence Act) and Ameding Certain Union Legislative Acts)
  • a short summary of the AI project developed in the sandbox, its objectives and expected results published on the website of the competent authorities. (Article 54 1(j), Proposal for a Regulation of The European Parliament and of The Council Laying Down Harmonized Rules On Artificial Intelligence (Artificial Intelligence Act) and Ameding Certain Union Legislative Acts)
  • the innovative AI systems shall be developed for safeguarding substantial public interest in one or more of the following areas: (Article 54 1(a), Proposal for a Regulation of The European Parliament and of The Council Laying Down Harmonized Rules On Artificial Intelligence (Artificial Intelligence Act) and Ameding Certain Union Legislative Acts)
  • complete and detailed description of the process and rationale behind the training, testing and validation of the AI system is kept together with the testing results as part of the technical documentation in Annex IV; (Article 54 1(i), Proposal for a Regulation of The European Parliament and of The Council Laying Down Harmonized Rules On Artificial Intelligence (Artificial Intelligence Act) and Ameding Certain Union Legislative Acts)
  • there are effective monitoring mechanisms to identify if any high risks to the fundamental rights of the data subjects may arise during the sandbox experimentation as well as response mechanism to promptly mitigate those risks and, where necessary, stop the processing; (Article 54 1(c), Proposal for a Regulation of The European Parliament and of The Council Laying Down Harmonized Rules On Artificial Intelligence (Artificial Intelligence Act) and Ameding Certain Union Legislative Acts)
  • the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security, under the control and responsibility of the competent authorities. The processing shall be based o… (Article 54 1(a)(i), Proposal for a Regulation of The European Parliament and of The Council Laying Down Harmonized Rules On Artificial Intelligence (Artificial Intelligence Act) and Ameding Certain Union Legislative Acts)
  • any personal data processed in the context of the sandbox are deleted once the participation in the sandbox has terminated or the personal data has reached the end of its retention period; (Article 54 1(g), Proposal for a Regulation of The European Parliament and of The Council Laying Down Harmonized Rules On Artificial Intelligence (Artificial Intelligence Act) and Ameding Certain Union Legislative Acts)
  • the logs of the processing of personal data in the context of the sandbox are kept for the duration of the participation in the sandbox and 1 year after its termination, solely for the purpose of and only as long as necessary for fulfilling accountability and documentation obligations under this Art… (Article 54 1(h), Proposal for a Regulation of The European Parliament and of The Council Laying Down Harmonized Rules On Artificial Intelligence (Artificial Intelligence Act) and Ameding Certain Union Legislative Acts)