Request for assistance of the AI Office
1. Where the scientific panel requests, in accordance with Article 91(3) of Regulation (EU) 2024/1689, the Commission to issue a request for documentation or information to a provider of general-purpose AI models and to grant access to the information received to the extent this is necessary and proportionate for the fulfilment of a task referred to in Article 68(3) of Regulation (EU) 2024/1689 (‘request for assistance’), due regard shall be given to the need to protect trade secrets and confidential business information.
2. A request for assistance may be issued to the AI Office by the member of the scientific panel who has been appointed by the Secretariat as rapporteur for a task of the scientific panel. Such a request shall only be made where at least one third of the members of the scientific panel have authorised the rapporteur to do so.
3. The request for assistance shall clearly state the name of the requesting rapporteur and contributors and the purpose of the requested assistance and shall only be made for the fulfilment of the tasks of the scientific panel under Article 68(3) of Regulation (EU) 2024/1689. To demonstrate the necessity and proportionality of such a request, as required by Article 91(3) of Regulation (EU) 2024/1689, the request shall substantiate:
(a)
that a refusal to grant the requested assistance will prevent the requesting rapporteur from carrying out his or her task referred to in Article 68(3) of Regulation (EU) 2024/1689;
(b)
that the amount, scope, granularity and type of documentation and information requested does not exceed what is necessary to achieve performance of the task.
Processing the request for assistance
1. The AI Office shall assess whether issuing a request for documentation or information to a provider of a general-purpose AI model is necessary and proportionate for the fulfilment of the tasks of the scientific panel, taking into account the need to protect trade secrets and confidential business information.
2. Where the AI Office, following the assessment referred to in paragraph 1, concludes that a request for assistance is necessary and proportionate, it may prepare a decision for the Commission to issue a request for documentation or information to a provider of a general-purpose AI model pursuant to Article 91 of Regulation (EU) 2024/1689 and grant the scientific panel access to the received documentation or information.
3. Where the AI Office ascertains that the requested assistance is not necessary and proportionate, it shall notify the scientific panel, stating the reasons for refusal.
4. The AI Office shall regularly report to the Board about the requests received and the decisions taken in relation to those requests.
5. The AI Office shall process the request within two weeks from the receipt of the complete request. At any time before taking its decision, the AI Office may require the requesting member of the scientific panel to provide additional information to substantiate the request. In this case the request shall not be considered complete until the additional information has been provided.
Conditions for granting access to the received documentation or information
1. The AI Office shall provide secure means through which it can make available the received documentation or information, which the Commission has requested following a request for assistance, to the requesting rapporteur of the scientific panel.
2. Access to the requested information shall be restricted to the appointed rapporteur and contributors and shall be limited in time, with the possibility for extension upon duly justified request.
3. Before granting access to the received documentation or information, the AI Office shall require that the rapporteur submits:
(a)
a self-declaration to use the information solely for the stated purposes referred to in Article 15(3) of this Regulation;
(b)
a description of modalities and safeguards to ensure confidential handling of the received information.
4. The AI Office shall be able to refuse access to the requested data, where on the basis of the information submitted pursuant to paragraph 3, it has grounds to assume that there are reasonably foreseeable risks related to data security or confidentiality.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
