Article 26(5): Deployers shall monitor the operation of the high-risk AI system on the basis of the instructions for use and, where relevant, inform providers in accordance with Article 72. Where deployers have reason to consider that the use of the high-risk AI system in accordance with the instructions may result in that AI system presenting a risk within the meaning of Article 79(1), they shall, without undue delay, inform the provider or distributor and the relevant market surveillance authority, and shall suspend the use of that system. Article 26(7): Before putting into service or using a high-risk AI system at the workplace, deployers who are employers shall inform workers' representatives and the affected workers that they will be subject to the use of the high-risk AI system. Article 26(9): Where applicable, deployers of high-risk AI systems shall use the information provided under Article 13 of this Regulation to comply with their obligation to carry out a data protection impact assessment under Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680. Article 26(11): Without prejudice to Article 50 of this Regulation, deployers of high-risk AI systems referred to in Annex III that make decisions or assist in making decisions related to natural persons shall inform the natural persons that they are subject to the use of the high-risk AI system. For high-risk AI systems used for law enforcement purposes Article 13 of Directive (EU) 2016/680 shall apply. Article 27(1): Prior to deploying a high-risk AI system referred to in Article 6(2), with the exception of high-risk AI systems intended to be used in the area listed in point 2 of Annex III, deployers that are bodies governed by public law, or are private entities providing public services, and deployers of high-risk AI systems referred to in points 5 (b) and (c) of Annex III, shall perform an assessment of the impact on fundamental rights that the use of such system may produce. Article 27(4): If any of the obligations laid down in this Article is already met through the data protection impact assessment conducted pursuant to Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680, the deployer may, when conducting the fundamental rights impact assessment referred to in paragraph 1 of this Article, include cross-references to the relevant sections of that data protection impact assessment or include relevant parts thereof in the fundamental rights impact assessment. Article 86(1): Any affected person subject to a decision which is taken by the deployer on the basis of the output from a high-risk AI system listed in Annex III, with the exception of systems listed under point 2 thereof, and which produces legal effects or similarly significantly affects that person in a way that they consider to have an adverse impact on their health, safety or fundamental rights shall have the right to obtain from the deployer clear and meaningful explanations of the role of the AI system in the decision-making procedure and the main elements of the decision taken. Article 86(2): Paragraph 1 shall not apply to the use of AI systems for which exceptions from, or restrictions to, the obligation under that paragraph follow from Union or national law in compliance with Union law. Article 86(3): This Article shall apply only to the extent that the right referred to in paragraph 1 is not otherwise provided for under Union law.
How this was checked
Deployer duties and affected people
Verified · last checked Settled, with the evidence a claim at this level needs.
Under the EU AI Act, a deployer of a high-risk system must monitor its operation on the basis of the instructions for use and, where relevant, inform the provider; where the deployer has reason to consider that using the system in accordance with the instructions may make it present a risk, the deployer must without undue delay inform the provider or distributor and the market surveillance authority and suspend use of the system. Before putting a high-risk system into service or using it at the workplace, an employer must inform workers' representatives and the affected workers that they will be subject to it. A deployer of a high-risk system referred to in Annex III that makes decisions about natural persons, or assists in making them, must also inform those persons that they are subject to the use of the system, and that duty is without prejudice to Article 50. Where applicable, the deployer must use the information provided under Article 13 to comply with its obligation to carry out a data protection impact assessment under Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680. A fundamental rights impact assessment is required before deployment only of certain deployers, namely bodies governed by public law, private entities providing public services, and deployers of systems used to evaluate creditworthiness or for risk assessment and pricing in life and health insurance; where such an assessment is owed and any of the obligations of that article is already met through a data protection impact assessment on the same use, the deployer may cross-refer to the relevant sections of that assessment or include relevant parts of it. Separately, a person subject to a decision taken by the deployer on the basis of the output of a high-risk system listed in Annex III, with the exception of systems listed under point 2 of that Annex, which produces legal effects or similarly significantly affects that person in a way they consider to have an adverse impact on their health, safety or fundamental rights, has the right to obtain from the deployer clear and meaningful explanations of the role of the system in the decision-making procedure and the main elements of the decision taken. That right does not apply to uses of AI systems for which an exception or a restriction follows from Union or national law in compliance with Union law, and it applies only to the extent that the same right is not otherwise provided for under Union law.
At a glance
The statement laid out, in its own words. The statement above and its sources are what count.
Monitoring
- Monitor the operation of the high-risk system on the basis of the instructions for use and, where relevant, inform the provider
- Where the deployer has reason to consider that using it in accordance with the instructions may make it present a risk: without undue delay inform the provider or distributor and the market surveillance authority, and suspend use
Workers
- Before putting a high-risk system into service or using it at the workplace, an employer informs workers' representatives and the affected workers that they will be subject to it
People decisions are about
- A deployer of an Annex III system that makes decisions about natural persons, or assists in making them, informs those persons that they are subject to its use
- This is without prejudice to Article 50
Data protection impact assessment
- Where applicable, the deployer uses the information provided under Article 13 to comply with its obligation to carry out a data protection impact assessment under Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680
Fundamental rights impact assessment
- Required before deployment only of certain deployers: bodies governed by public law, private entities providing public services, and deployers of systems used to evaluate creditworthiness or for risk assessment and pricing in life and health insurance
- Where an obligation is already met through a data protection impact assessment on the same use, the deployer may cross-refer to the relevant sections of that assessment or include relevant parts of it
The right to an explanation
- A person subject to a decision taken by the deployer on the basis of the output of an Annex III system, except point 2, which produces legal effects or similarly significantly affects them in a way they consider adverse to their health, safety or fundamental rights
- may obtain from the deployer clear and meaningful explanations of the role of the system in the decision-making procedure and the main elements of the decision taken
- Not where Union or national law provides an exception or restriction in compliance with Union law, and only to the extent the right is not otherwise provided for under Union law
Where the book relies on it
- The AI Act File, The records that are yours, not the vendor's. About The AI Act File
- Kind of evidence
- documentarySettled by a first-hand source, quoted below with the day it was read.
The evidence
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