The Fundamental Rights Impact Assessment (FRIA) in the AI Act: Roots, legal obligations and key elements for a model template

TL;DR

This paper analyzes the legal framework and methodological criteria for conducting Fundamental Rights Impact Assessments (FRIAs) under the EU AI Act, proposing a model template to promote human-centric AI development.

Contribution

It provides a comprehensive legal and methodological analysis of the FRIA in the AI Act and introduces a model template applicable across EU and international AI regulations.

Findings

Clarifies the legal basis for FRIA in the AI Act

Proposes a detailed model template for conducting FRIAs

Highlights the importance of human rights in AI regulation

Abstract

What is the context which gave rise to the obligation to carry out a Fundamental Rights Impact Assessment (FRIA) in the AI Act? How has assessment of the impact on fundamental rights been framed by the EU legislator in the AI Act? What methodological criteria should be followed in developing the FRIA? These are the three main research questions that this article aims to address, through both legal analysis of the relevant provisions of the AI Act and discussion of various possible models for assessment of the impact of AI on fundamental rights. The overall objective of this article is to fill existing gaps in the theoretical and methodological elaboration of the FRIA, as outlined in the AI Act. In order to facilitate the future work of EU and national bodies and AI operators in placing this key tool for human-centric and trustworthy AI at the heart of the EU approach to AI design and development, this article outlines the main building blocks of a model template for the FRIA. While this proposal is consistent with the rationale and scope of the AI Act, it is also applicable beyond the cases listed in Article 27 and can serve as a blueprint for other national and international regulatory initiatives to ensure that AI is fully consistent with human rights.