Desafíos actuales de la Inteligencia Artificial

40 Desafíos actuales de la Inteligencia Artificial the AI Act 30 , Article 70 of the AI Act delegates the authority to designate competent bodies to the Member States. 31 This is likely to result in the authorisation of various entities with overlapping competencies, as seen in the case of the recently established Spanish Agency for the Supervision of AI. 32 On the other hand, there is an evident overlap between several data protection principles and requirements outlined in the EU AI Act to ensure the secure development and deploy- ment of AI systems. For instance, while both the GDPR and the AI Act impose transparency, they do so with different scopes and requirements. 33 The interplay between AI and data pro- tection is explicitly acknowledged in the EU AI Act, which affirms that it does not undermine the GDPR. 34 The legal basis of the EU AI Act is Article 16 of the Treaty on the Functioning of the European Union (“TFEU”), which mandates the EU to establish regulations concern- ing the protection of individuals regarding the processing of personal data. 35 2.2.The Overlapping Statutory Objectives and Scope of Application of The Two Regulations: The subject matter of the GDPR, as outlined in Article 1, paragraph 1, aims to ensure the free movement of personal data while safeguarding the fundamental rights and freedoms of natural persons from the risks associated with personal data processing. Similarly, Recital 1 of the EU AI Act aims to establish a uniform legal framework for the development, marketing, and use of AI systems, thereby ensuring the free movement of AI-based goods and services and 30 ‘EDPB-EDPS Joint Opinion 5/2021 on the proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) | European Data Protection Board’ para 48. 31 See also Recital 157 AI Act: “This Regulation is without prejudice to the competences, tasks, powers and independence of relevant national public authorities or bodies which supervise the application of Union law protecting fundamental rights, including equality bodies and data protection authorities.” 32 P. SOLIMANO, ‘Spain Just Created the First European AI Supervision Agency’ (August 2023) , https://de- crypt.co/153482/. 33 The GDPR enshrines the principle of transparency to support the exercise of data subjects’ rights, such as the rights to erasure, rectification, and data portability, as outlined in Articles 15-22. On the other hand, the AI Act imposes transparency obligations specifically for high-risk AI systems (Article 13) and certain other AI systems (Article 50). Additionally, Article 13 of the AI Act prioritizes the interests of the AI system deployer rather than those of the end user or data subject. 34 Recital 9, European Parliament legislative resolution of 13 March 2024 on the proposal for a regulation of the European Parliament and of the Council on laying down harmonised rules on Artificial Intelligence (Ar- tificial Intelligence Act) and amending certain Union Legislative Acts (COM(2021)0206 – C9-0146/2021 – 2021/0106(COD))(Ordinary legislative procedure: first reading).References to articles and recitals introduced or changed by the Parliament will be labelled in this paper as “the EU AI Act”. 35 Article 16 of the Treaty on the Functioning of the European Union, which is related to the protection of personal data