AI Act: Consumer advocates call for simple complaints procedure

Similar to the Digital Services Act (DSA), the new EU regulation on artificial intelligence (AI) stipulates that member states must establish effective supervision within twelve months of it coming into force. The Federation of German Consumer Organisations (vzbv) presented proposals for this on Tuesday, as time is pressing, given the deadline of spring 2025. The association is keen to ensure that consumers have only one point of contact for complaints about AI applications. The future central national supervisory authority should therefore be responsible for the entire procedure. It should also be easy to lodge complaints.

In a position paper, the vzbv also urges the establishment of an independent national AI advisory board at the supervisory authority. This is crucial to take civil society interests into account. It should advise the central body, for which the association has not yet made a concrete proposal, and publish opinions and recommendations. Privileged information rights vis-à-vis the responsible market supervisory authorities would also be desirable. The consumer advocates see the advisory board of the Digital Services Coordinator under the Digital Services Act as a model for the implementation of DSA in Germany. In general, the AI advisory board should be balanced in terms of the economic sector, start-ups, SMEs, civil society and science.

Ban for biometric recognition systems in public spaces

Within three months of the AI Act coming into force, Germany must designate national authorities or bodies to monitor or enforce compliance with the obligations for AI operators to protect fundamental rights. In addition to non-discrimination and the right to privacy, this also includes consumer protection. The potentially eligible equality and data protection authorities would therefore also have to include the expertise of consumer protection organisations.

At the same time, the vzbv is demanding that local legislators use their leeway in the AI Act and prohibit the use of biometric remote identification systems such as automated facial recognition in publicly accessible places such as petrol stations and shopping centers, including for private actors. The consumer advocates argue that the technology is "not only very error-prone", but also poses "an intolerable risk to the privacy" of those affected due to its invasive nature. Furthermore, German law must provide for penalties for all infringements.

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