Draft bill on artificial intelligence systems – what changes are coming to Polish law?
On October 16, 2024, the Government Legislative Centre published the draft bill on artificial intelligence systems. The primary objective of this legislation is to align Polish regulations with the requirements imposed by the AI Act, which mandates EU Member States to establish a supervision system for artificial intelligence that complies with EU regulations.
New supervisory body – Commission for the Development and Security of Artificial Intelligence
The draft bill proposes the creation of a new institutional structure. The Commission for the Development and Security of Artificial Intelligence will serve as the central body responsible for overseeing the implementation and functioning of AI systems.
The Commission will conduct inspections both through routine monitoring for AI Act compliance and in response to filed complaints. The Social Council for Artificial Intelligence will also operate alongside the Commission, fulfilling an advisory role.
What rights will AI inspectors have?
The draft bill grants inspectors broad powers. According to Article 43(4), they will be entitled to:
- demand access to telecommunication systems and documents related to the operation of AI systems,
- process personal data necessary for the inspection,
- inspect AI systems, devices, and data carriers that may contain information relevant to the inspection.
Remote inspection of AI systems – a new approach to supervision
The draft bill stipulates that inspections conducted by the Commission will generally be remote. However, in particularly justified circumstances, inspections may take place on the premises of the inspected entity or where the entity conducts its business. Remote supervision will allow the Commission to monitor AI systems in real time, a critical aspect for technologies that require continuous oversight.
Administrative penalties and sanctions for obstructing inspections
The law sets out detailed procedures for dealing with violations of the AI Act. The Commission for the Development and Security of Artificial Intelligence will be empowered to impose administrative penalties, including for non-compliance with safety standards, inadequate risk assessment, or improper reporting of AI-related incidents.
Obstructing or hindering the inspection process can result in fines of up to PLN 500,000, restriction of liberty, or imprisonment for up to two years.
The future of AI regulations in Poland – what lies ahead?
The published regulations represent just the beginning of the work on national laws governing artificial intelligence. Special attention should be paid to the wide-ranging powers of the Commission for the Development and Security of Artificial Intelligence, which are already generating significant debate within the industry.
Do you have questions about upcoming legal changes related to artificial intelligence? Contact us, and our experts will provide detailed information and help you prepare for the new regulations.