The Articles of the EU Artificial Intelligence Act (25.11.2022)

Article 14, Human oversight, Artificial Intelligence Act (Proposal 25.11.2022)

1. High-risk AI systems shall be designed and developed in such a way, including with appropriate human-machine interface tools, that they can be effectively overseen by natural persons during the period in which the AI system is in use.

2. Human oversight shall aim at preventing or minimising the risks to health, safety or fundamental rights that may emerge when a high-risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, in particular when such risks persist notwithstanding the application of other requirements set out in this Chapter.

3. Human oversight shall be ensured through either one or all of the following types of measures:

(a) measures identified and built, when technically feasible, into the high-risk AI system by the provider before it is placed on the market or put into service;

(b) measures identified by the provider before placing the high-risk AI system on the market or putting it into service and that are appropriate to be implemented by the user.

4. For the purpose of implementing paragraphs 1 to 3, the high-risk AI system shall be provided to the user in such a way that natural persons to whom human oversight is assigned are enabled, as appropriate and proportionate to the circumstances:

(a) to understand the capacities and limitations of the high-risk AI system and be able to duly monitor its operation;

(b) to remain aware of the possible tendency of automatically relying or over-relying on the output produced by a high-risk AI system (‘automation bias’);

(c) to correctly interpret the high-risk AI system’s output, taking into account for example the interpretation tools and methods available;

(d) to decide, in any particular situation, not to use the high-risk AI system or otherwise disregard, override or reverse the output of the high-risk AI system;

(e) to intervene on the operation of the high-risk AI system or interrupt the system through a “stop” button or a similar procedure.

5. For high-risk AI systems referred to in point 1(a) of Annex III, the measures referred to in paragraph 3 shall be such as to ensure that, in addition, no action or decision is taken by the user on the basis of the identification resulting from the system unless this has been separately verified and confirmed by at least two natural persons. The requirement for a separate verification by at least two natural persons shall not apply to high risk AI systems used for the purpose of law enforcement, migration, border control or asylum, in cases where Union or national law considers the application of this requirement to be disproportionate.

Important note: This is not the final text of the Artificial Intelligence Act. This is the text of the proposal from the Council of the European Union (25.11.2022).

The Articles of the EU Artificial Intelligence Act, proposal from the Council of the European Union (25.11.2022):