The Information and Data Protection Commissioner (IDPC) of Malta has been officially designated as both the Fundamental Rights Agency (FRA) and Market Surveillance Authority (MSA) under the European Union’s Artificial Intelligence Act (AI Act). This dual role positions the IDPC at the forefront of AI governance in Malta, ensuring compliance with the landmark regulation aimed at fostering ethical and trustworthy artificial intelligence across the EU.
The AI Act, set to be one of the most comprehensive frameworks governing artificial intelligence, introduces a risk-based approach to AI regulation. It categorizes AI systems based on their potential impact on fundamental rights, safety, and ethical considerations.
As the FRA, the IDPC will oversee AI applications that may affect human rights, privacy, and non-discrimination laws, ensuring that AI-driven technologies uphold European values and fundamental freedoms.
As the MSA, the IDPC will monitor AI systems entering the Maltese market, ensuring compliance with regulatory standards and conducting enforcement actions where necessary.
With this designation, the IDPC is expected to play a critical role in:
Ensuring Ethical AI Practices – Evaluating AI applications for potential risks to privacy and fundamental rights.
Monitoring High-Risk AI Systems – Enforcing compliance measures for AI applications deemed high-risk, such as biometric identification and automated decision-making in essential services.
Collaboration with EU Agencies – Coordinating with other European regulatory bodies to ensure a harmonized approach to AI governance.
Guidance for Businesses and Developers – Providing resources and guidelines for companies developing AI technologies to align with EU legal standards.
Malta has been proactive in embracing AI through initiatives such as the National AI Strategy, positioning itself as a hub for innovation while ensuring robust legal frameworks. By entrusting the IDPC with these significant responsibilities, the Maltese government underscores its commitment to both fostering AI-driven economic growth and safeguarding human rights.
The IDPC will now work on establishing operational frameworks, including enforcement mechanisms and compliance checks for AI systems. Businesses and AI developers in Malta should prepare for stricter oversight and potential audits to ensure alignment with the new regulatory requirements.
As AI continues to evolve, the IDPC’s role as both FRA and MSA under the AI Act will be crucial in striking a balance between innovation and ethical governance in the digital era.
