German data protection authorities issue joint statement against AI oversight shift

Germany’s state data protection authorities have issued a joint statement sharply criticising a draft law that would shift oversight of high-risk AI systems to the Federal Network Agency. The proposal from the Federal Ministry for Digital and Transport would cover AI used in law enforcement, border control, justice, and democratic processes.

The regulators said the plan would weaken protections for fundamental rights and contradict the EU’s AI Act, adopted in March 2024, which assigns responsibility for market surveillance of such systems to data protection authorities. ‘Fundamental rights protection is not an obstacle to innovation but a democratic necessity,’ said Meike Kamp, Berlin’s Commissioner for Data Protection and Freedom of Information.

According to the draft, the ministry wants to reduce what it sees as barriers to innovation by moving responsibilities away from data protection authorities, who are viewed as focused mainly on rights protection. The regulators countered that their mandate has always been to balance privacy with other freedoms, such as academic and economic liberty, which enable innovation.

The joint statement also warned that granting the Federal Network Agency authority over AI used by state administrations would breach Germany’s federal constitution. The authorities urged the government to follow the EU framework, which foresees a balanced distribution of supervisory powers, and stressed that existing federal and state oversight bodies already have the expertise to monitor sensitive AI applications effectively