EU Agency for Fundamental Rights Issues report on AI and fundamental rights
The EU Agency for Fundamental Rights has issued a report titled ‘Getting the future right – artificial intelligence and fundamental rights in the EU’, which explores fundamental rights challenges and opportunities when using artificial intelligence (AI) and outlines recommendations for the EU and EU member states. Policymakers are invited to ensure respect for the full spectrum of human rights when introducing new policies and adopting new legislation on AI. They should rely on robust evidence concerning AI’s impact on fundamental rights to ensure that any restrictions of certain rights respect the principle of necessity and proportionality. Moreover, relevant safeguards need to be provided for by the law to effectively protect against arbitrary interference with fundamental rights and to give legal certainty to AI developers and users. EU legislators are also invited to consider making mandatory impact assessments that cover the full spectrum of fundamental rights. Effective accountability systems should be in place to monitor and effectively address any negative impact of AI systems on fundamental rights. Governments should consider encouraging companies and public institutions to assess any potentially discriminatory outcomes when using AI systems. Finally, the EU and its member states should ensure effective access to justice for individuals in cases involving AI-based decisions; a legal duty could be introduced for public institutions and private companies using AI systems to provide those seeking redressing formation about the operation of their AI systems.