1Bias detection and correction constitute a substantial public interest because they protect natural persons from the adverse effects of biases, including discrimination. 2For that reason, Regulation (EU) 2024/1689 provides a legal basis authorising providers of high-risk AI systems to process special categories of personal data in certain exceptional cases and subject to strict safeguards. 3This legal basis is linked to the obligation on those providers to establish practices concerning the detection, prevention and correction of biases likely to affect the health and safety of persons, have a negative impact on fundamental rights or lead to discrimination prohibited under Union law. 4Nevertheless, biases likely to have those effects could also result from the actions of the deployers of high-risk AI systems. 5Furthermore, such biases could also arise in the case of other AI systems or models. 6For example, biases in eligibility or risk-scoring tools used to assess applications for various types of public permits or licences can restrict rights or effectively prevent certain groups from accessing public services. 7Accordingly, a substantial public interest exists to allow, exceptionally and where strictly necessary, the processing of special categories of personal data for the purposes of bias detection and correction to providers and deployers of other AI systems and models and deployers of high-risk AI systems. 8It is therefore necessary to extend the legal basis, established pursuant to Regulation (EU) 2024/1689, to those providers and deployers. 9That legal basis should be subject to the same limitations, conditions and safeguards that apply in accordance with the existing Article 10(5) of that Regulation, thereby ensuring compliance with Article 9(2), point (g) of Regulation (EU) 2016/679 of the European Parliament and of the Council, Article 10(2), point (g) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and Article 10, point (a) of Directive (EU) 2016/680 of the European Parliament and of the Council. 10Furthermore, to enable providers of high-risk AI systems to lawfully undertake bias detection and correction activities in preparation for compliance with the requirements for high-risk AI systems, including Article 10(2), points (f) and (g), of Regulation (EU) 2024/1689, the legal basis established by Article 4a of Regulation (EU) 2024/1689 should apply from the date of entry into application of that Regulation.
* This title is an unofficial description.