AI Dictionary › Regulation
Valutazione d'impatto sui diritti fondamentali
A fundamental rights impact assessment is a specific analysis that certain actors, particularly public bodies and organizations providing essential services, must carry out before using certain high-risk AI systems, to check how the system could affect rights such as non-discrimination, personal data protection, freedom of expression or access to essential services.
Unlike a generic algorithmic impact assessment, this analysis focuses specifically on the fundamental rights recognized by constitutional and supranational charters, and is required by the EU AI Act for deployers operating in particularly sensitive contexts, such as the provision of essential public services, creditworthiness assessment, or life and health insurance. It must describe the process in which the system will be used, the categories of people potentially affected, the specific risks, and the human oversight measures planned.
For organizations required to conduct it, this assessment requires the involvement of legal expertise specialized in human rights and non-discrimination, alongside technical expertise, and must be carried out before the system's actual use, not as a subsequent justification exercise. The result must be made available to the competent market surveillance authority upon request.
The concept fits within the European legal tradition of fundamental rights protection enshrined in the Charter of Fundamental Rights of the European Union, applied for the first time systematically to AI systems through the EU AI Act, recognizing that some impacts of AI cannot be reduced to a simple technical risk calculation.
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