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.

Frequently Asked Questions

National authorities responsible for protecting fundamental rights like non-discrimination have the right to ask for and access documents related to high-risk AI systems. If needed to confirm violations of fundamental rights laws, they can request tests of these AI systems, working closely with the market surveillance authority to ensure all obligations under EU law are met.
Each EU Member State must designate which public authorities or bodies oversee the respect for fundamental rights concerning high-risk AI technologies. These lists must be publicly shared, submitted to the European Commission and other Member States by November 2, 2024, and regularly updated to keep everyone informed on this oversight.
If available documents don’t provide enough clarity about possible violations of fundamental rights by an AI system, the responsible authority can request additional testing from the market surveillance authority. This additional testing is organized soon after the request and involves cooperation between both authorities, ensuring thorough investigation of the AI system’s compliance.
Yes, any information and documentation that authorities access regarding high-risk AI systems are subject to confidentiality obligations. Authorities must protect the collected information, ensuring it is used appropriately and securely, as defined specifically by the confidentiality standards detailed in Article 78 of the AI Act.

AI literacy

Get Started within 24 hours.

Once you have submitted your details, you’ll be our top priority!