Article 77 — Powers of Authorities Protecting Fundamental Rights

Article 77

Powers of authorities protecting fundamental rights

1. National public authorities or bodies which supervise or enforce the respect of obligations under Union law
protecting fundamental rights, including the right to non-discrimination, in relation to the use of high-risk AI systems
referred to in Annex III shall have the power to request and access any documentation created or maintained under this
Regulation in accessible language and format when access to that documentation is necessary for effectively fulfilling their
mandates within the limits of their jurisdiction. The relevant public authority or body shall inform the market surveillance

authority of the Member State concerned of any such request.

2. By 2 November 2024, each Member State shall identify the public authorities or bodies referred to in paragraph 1 and
make a list of them publicly available. Member States shall notify the list to the Commission and to the other Member
States, and shall keep the list up to date.

3. Where the documentation referred to in paragraph 1 is insufficient to ascertain whether an infringement of
obligations under Union law protecting fundamental rights has occurred, the public authority or body referred to in
paragraph 1 may make a reasoned request to the market surveillance authority, to organise testing of the high-risk AI
system through technical means. The market surveillance authority shall organise the testing with the close involvement of
the requesting public authority or body within a reasonable time following the request.

4. Any information or documentation obtained by the national public authorities or bodies referred to in paragraph 1 of
this Article pursuant to this Article shall be treated in accordance with the confidentiality obligations set out in Article 78.