EU Artificial Intelligence Act

Article 54 – Further processing of personal data for developing certain AI systems in the public interest in the AI regulatory sandbox

1.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:

(a)the innovative AI systems shall be developed for safeguarding substantial public interest in one or more of the following areas:

(i)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 on Member State or Union law;

(ii)public safety and public health, including disease prevention, control and treatment;

(iii)a high level of protection and improvement of the quality of the environment;

(b)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;

(c)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;

(d)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;

(e)any personal data processed are not be transmitted, transferred or otherwise accessed by other parties;

(f)any processing of personal data in the context of the sandbox do not lead to measures or decisions affecting the data subjects;

(g)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;

(h)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 Article or other application Union or Member States legislation;

(i)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;

(j)a short summary of the AI project developed in the sandbox, its objectives and expected results published on the website of the competent authorities.

2.Paragraph 1 is without prejudice to Union or Member States legislation excluding processing for other purposes than those explicitly mentioned in that legislation.