Considering Fundamental Rights in the European Standardisation of Artificial Intelligence: Nonsense or Strategic Alliance?

TL;DR

This paper examines whether European AI standards should incorporate fundamental rights considerations, arguing that doing so is essential to mitigate risks and address current regulatory gaps in AI standardisation.

Contribution

It clarifies the relationship between AI standards and fundamental rights and advocates for integrating rights considerations into European AI standardisation processes.

Findings

Fundamental rights are crucial for mitigating AI risks.

Current European standards lack clear guidelines on rights integration.

Incorporating rights enhances the trustworthiness of AI standards.

Abstract

In the European context, both the EU AI Act proposal and the draft Standardisation Request on safe and trustworthy AI link standardisation to fundamental rights. However, these texts do not provide any guidelines that specify and detail the relationship between AI standards and fundamental rights, its meaning or implication. This chapter aims to clarify this critical regulatory blind spot. The main issue tackled is whether the adoption of AI harmonised standards, based on the future AI Act, should take into account fundamental rights. In our view, the response is yes. The high risks posed by certain AI systems relate in particular to infringements of fundamental rights. Therefore, mitigating such risks involves fundamental rights considerations and this is what future harmonised standards should reflect. At the same time, valid criticisms of the European standardisation process have to be addressed. Finally, the practical incorporation of fundamental rights considerations in the ongoing European standardisation of AI systems is discussed.