The Netherlands Institute for Human Rights (the Institute) has been established as one of the fundamental rights authorities for Artificial Intelligence (AI). This is stated in a letter that the government sent to the House of Representatives.
On August 1, 2024, the European Law on Artificial Intelligence, better known as the AI Regulation, came into effect. This law obliges all EU member states, among other things, to identify supervisors who ensure that fundamental rights are respected and protected when applying AI. The Board has been established as a fundamental rights authority in its capacity as a national human rights institute and as an equal treatment body.
In addition, the Dutch Data Protection Authority, the Attorney General at the Supreme Court, the chairman of the Administrative Jurisdiction Division of the Council of State, the court board of the Central Appeals Council and the court board of the Business Appeals Board have been established as fundamental rights authorities for data protection law. .
In an advice to the ministers involved, the Board indicates what is essential to effectively organize its role as fundamental rights supervisor of AI. In summary it is:
That fundamental rights supervision should not only focus on equal treatment and data protection, but on the protection of all fundamental rights and human rights, including legal protection, freedom of expression and fundamental social rights.
A proactive approach with attention to information, risk identification, research and advice; it is not enough to respond to reports of possible violations.
A clear division of tasks, good cooperation and information and knowledge exchange between all parties involved.
Sufficient powers; supplementing the mandate of the Board with the possibility of investigating discriminatory government actions.
Additional capacity and resources so that the Board can continue to carry out its existing statutory tasks indefinitely.
Fundamental rights supervision of AI will be further developed and organized in the coming period. Supervision of so-called high-risk systems must be carried out from August 2026. To achieve this, knowledge building, information and awareness must already be started, so that all parties involved are prepared in a timely manner.
Source: www.emerce.nl
