Art. 16 Processing the request for assistance | Scientific panel of independent experts | AI act

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.
1. 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.
1. 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.
1. The AI Office shall regularly report to the Board about the requests received and the decisions taken in relation to those requests.
1. 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.

Such request should be made by a member of the scientific panel who is appointed as rapporteur for a task of the scientific panel, supported by at least a third of the members of the scientific panel. The request should duly substantiate why a request for information and access to the requested information is necessary for the performance of the tasks of the scientific panel. The AI Office should assess the necessity and proportionality of the request, taking into account the need to protect trade secrets and confidential business information. When the AI Office decides to honour the request, it should prepare a request for information from a provider, to be issued by the Commission, and make the information received available to the relevant members of the scientific panel. The AI Office should put in place secure technical means, which should be fit for purpose and operate to an appropriately high standard, to give access to such information, which should be restricted to the requesting members of the scientific panel, who should be the appointed rapporteur, and the contributors for a task of the scientific panel. The requesting members should, before receiving the data, submit a self-declaration stating that they only intend to use the requested information for the stated purpose and describing the modalities and safeguards to ensure confidential data handling. The AI Office should be able to refuse a request if, based on the information submitted by a member of the scientific panel, it has grounds to assume that there are reasonably foreseeable risks related to data security or confidentiality.

Article 16 Processing the request for assistance

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