EU data protection bodies outline concerns ahead of Parliament debate on Digital Omnibus proposals
EU data protection authorities have published a joint assessment of proposed Digital Omnibus reforms, setting out a series of recommendations ahead of an upcoming discussion in the European Parliament. The opinions focus on safeguards, accountability, and institutional roles in the governance of artificial intelligence.
The European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) have issued a Joint opinion 1/2026 on the Proposal for a Regulation as regards the simplification of the implementation of harmonised rules on AI (Digital Omnibus on AI)
In their opinion, the EDPB and EDPS address provisions that would extend the possibility of processing special categories of personal data, such as health or ethnicity data, for the purpose of detecting and correcting bias in AI systems. While recognising the objective, they recommend limiting such processing to narrowly defined situations where the risk of harm from bias is demonstrably serious, and subject to clearly specified safeguards.
The joint opinion also raises concerns about a proposal to remove the obligation to register certain AI systems classified as high-risk, where providers consider their systems to fall outside that category. The EDPB and EDPS warn that this change could weaken accountability and encourage providers to claim exemptions, reducing transparency and public oversight.
On regulatory structures, the two bodies welcome the introduction of EU-level AI regulatory sandboxes intended to support innovation. However, they recommend that national Data Protection Authorities be directly involved in supervising data processing within these sandboxes to ensure legal certainty. They also suggest granting the EDPB an advisory role and observer status within the European Artificial Intelligence Board, and clarifying how oversight responsibilities are divided between the EDPS and the AI Office, particularly for AI systems used by EU institutions.
The opinion further addresses cooperation between fundamental rights bodies and Market Surveillance Authorities. While supporting efforts to streamline coordination, the EDPB and EDPS recommend clarifying the administrative role of Market Surveillance Authorities and ensuring that the independence and powers of Data Protection Authorities remain unaffected.
Additional recommendations include maintaining obligations for AI providers and deployers to ensure adequate AI literacy among staff, even if complementary responsibilities are assigned to EU institutions or member states. The joint opinion concludes by expressing concern over proposals to delay the application of key rules for high-risk AI systems, noting potential implications for effective oversight and protection.
The opinion is intended to inform legislative deliberations as the Digital Omnibus proposals continue to be examined by the European Parliament and member states.
