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 fundamental rights


Position Paper: If Innovation in AI Systematically Violates Fundamental Rights, Is It Innovation at All?

Castañeira, Josu Eguiluz, Brando, Axel, Laukyte, Migle, Serra-Vidal, Marc

arXiv.org Artificial Intelligence

Artificial intelligence (AI) now permeates critical infrastructures and decision-making systems where failures produce social, economic, and democratic harm. This position paper challenges the entrenched belief that regulation and innovation are opposites. As evidenced by analogies from aviation, pharmaceuticals, and welfare systems and recent cases of synthetic misinformation, bias and unaccountable decision-making, the absence of well-designed regulation has already created immeasurable damage. Regulation, when thoughtful and adaptive, is not a brake on innovation -- it is its foundation. The present position paper examines the EU AI Act as a model of risk-based, responsibility-driven regulation that addresses the Collingridge Dilemma: acting early enough to prevent harm, yet flexibly enough to sustain innovation. Its adaptive mechanisms -- regulatory sandboxes, small and medium enterprises (SMEs) support, real-world testing, fundamental rights impact assessment (FRIA) -- demonstrate how regulation can accelerate responsibly, rather than delay, technological progress. The position paper summarises how governance tools transform perceived burdens into tangible advantages: legal certainty, consumer trust, and ethical competitiveness. Ultimately, the paper reframes progress: innovation and regulation advance together. By embedding transparency, impact assessments, accountability, and AI literacy into design and deployment, the EU framework defines what responsible innovation truly means -- technological ambition disciplined by democratic values and fundamental rights.


Foundations for Risk Assessment of AI in Protecting Fundamental Rights

Rotolo, Antonino, Ferrigno, Beatrice, Godinez, Jose Miguel Angel Garcia, Novelli, Claudio, Sartor, Giovanni

arXiv.org Artificial Intelligence

This chapter introduces a conceptual framework for qualitative risk assessment of AI, particularly in the context of the EU AI Act. The framework addresses the complexities of legal compliance and fundamental rights protection by itegrating definitional balancing and defeasible reasoning. Definitional balancing employs proportionality analysis to resolve conflicts between competing rights, while defeasible reasoning accommodates the dynamic nature of legal decision-making. Our approach stresses the need for an analysis of AI deployment scenarios and for identifying potential legal violations and multi-layered impacts on fundamental rights. On the basis of this analysis, we provide philosophical foundations for a logical account of AI risk analysis. In particular, we consider the basic building blocks for conceptually grasping the interaction between AI deployment scenarios and fundamental rights, incorporating in defeasible reasoning definitional balancing and arguments about the contextual promotion or demotion of rights. This layered approach allows for more operative models of assessment of both high-risk AI systems and General Purpose AI (GPAI) systems, emphasizing the broader applicability of the latter. Future work aims to develop a formal model and effective algorithms to enhance AI risk assessment, bridging theoretical insights with practical applications to support responsible AI governance.


From Bias to Accountability: How the EU AI Act Confronts Challenges in European GeoAI Auditing

Matuszczyk, Natalia, Barnes, Craig R., Gupta, Rohit, Ozel, Bulent, Mitra, Aniket

arXiv.org Artificial Intelligence

Bias in geospatial artificial intelligence (GeoAI) models has been documented, yet the evidence is scattered across narrowly focused studies. We synthesize this fragmented literature to provide a concise overview of bias in GeoAI and examine how the EU's Artificial Intelligence Act (EU AI Act) shapes audit obligations. We discuss recurring bias mechanisms, including representation, algorithmic and aggregation bias, and map them to specific provisions of the EU AI Act. By applying the Act's high-risk criteria, we demonstrate that widely deployed GeoAI applications qualify as high-risk systems. We then present examples of recent audits along with an outline of practical methods for detecting bias. As far as we know, this study represents the first integration of GeoAI bias evidence into the EU AI Act context, by identifying high-risk GeoAI systems and mapping bias mechanisms to the Act's Articles. Although the analysis is exploratory, it suggests that even well-curated European datasets should employ routine bias audits before 2027, when the AI Act's high-risk provisions take full effect.


HH4AI: A methodological Framework for AI Human Rights impact assessment under the EUAI ACT

Ceravolo, Paolo, Damiani, Ernesto, D'Amico, Maria Elisa, Erb, Bianca de Teffe, Favaro, Simone, Fiano, Nannerel, Gambatesa, Paolo, La Porta, Simone, Maghool, Samira, Mauri, Lara, Panigada, Niccolo, Vaquer, Lorenzo Maria Ratto, Tamborini, Marta A.

arXiv.org Artificial Intelligence

This paper introduces the HH4AI Methodology, a structured approach to assessing the impact of AI systems on human rights, focusing on compliance with the EU AI Act and addressing technical, ethical, and regulatory challenges. The paper highlights AIs transformative nature, driven by autonomy, data, and goal-oriented design, and how the EU AI Act promotes transparency, accountability, and safety. A key challenge is defining and assessing "high-risk" AI systems across industries, complicated by the lack of universally accepted standards and AIs rapid evolution. To address these challenges, the paper explores the relevance of ISO/IEC and IEEE standards, focusing on risk management, data quality, bias mitigation, and governance. It proposes a Fundamental Rights Impact Assessment (FRIA) methodology, a gate-based framework designed to isolate and assess risks through phases including an AI system overview, a human rights checklist, an impact assessment, and a final output phase. A filtering mechanism tailors the assessment to the system's characteristics, targeting areas like accountability, AI literacy, data governance, and transparency. The paper illustrates the FRIA methodology through a fictional case study of an automated healthcare triage service. The structured approach enables systematic filtering, comprehensive risk assessment, and mitigation planning, effectively prioritizing critical risks and providing clear remediation strategies. This promotes better alignment with human rights principles and enhances regulatory compliance.


The Illusion of Rights based AI Regulation

Mei, Yiyang, Sag, Matthew

arXiv.org Artificial Intelligence

Whether and how to regulate AI is one of the defining questions of our times - a question that is being debated locally, nationally, and internationally. We argue that much of this debate is proceeding on a false premise. Specifically, our article challenges the prevailing academic consensus that the European Union's AI regulatory framework is fundamentally rights-driven and the correlative presumption that other rights-regarding nations should therefore follow Europe's lead in AI regulation. Rather than taking rights language in EU rules and regulations at face value, we show how EU AI regulation is the logical outgrowth of a particular cultural, political, and historical context. We show that although instruments like the General Data Protection Regulation (GDPR) and the AI Act invoke the language of fundamental rights, these rights are instrumentalized - used as rhetorical cover for governance tools that address systemic risks and maintain institutional stability. As such, we reject claims that the EU's regulatory framework and the substance of its rules should be adopted as universal imperatives and transplanted to other liberal democracies. To add weight to our argument from historical context, we conduct a comparative analysis of AI regulation in five contested domains: data privacy, cybersecurity, healthcare, labor, and misinformation. This EU-US comparison shows that the EU's regulatory architecture is not meaningfully rights-based. Our article's key intervention in AI policy debates is not to suggest that the current American regulatory model is necessarily preferable but that the presumed legitimacy of the EU's AI regulatory approach must be abandoned.


ADAPT Centre Contribution on Implementation of the EU AI Act and Fundamental Right Protection

Lewis, Dave, Lasek-Markey, Marta, Pandit, Harshvardhan J., Golpayegani, Delaram, McCabe, Darren, McCormack, Louise, Hovsha, Joshua, Ahern, Deirdre, Suriyawongku, Arthit

arXiv.org Artificial Intelligence

The EU AI Act introduces a blanket protection of fundamental rights for specific applications of AI that it classifies as high-risk, which is implemented under the existing single market harmonised product certification mechanisms for health and safety protection, i.e. the New Legislative Framework. This protection of fundamental rights places many AI issues previously covered by voluntary trustworthy or ethical AI frameworks into a framework with independent and legally binding accountability for harmful characteristics of products grounded in the same human rights framework underpinning Union Law and many national laws. However, this major change in accountability also introduces many legal uncertainties on how AI providers and deployers can identify and manage risks to fundamental rights. Contrast this to the introduction of GDPR, which focussed on the protection of rights of privacy and data protection but benefitted from the development and employment of data protection principles under the data protection directive which had been in force beforehand. The protection of fundamental rights in AI systems however benefits from no such breakdown of principle, nor from prior deployment or compliance experience with such principles. This presents an extremely high level of legal uncertainty for providers and deployers of AI systems once the Act comes into force. The associated burden or chilling effects may fall disproportionately on public bodies wishing to deploy and reap the benefits of AI in high risk areas, and indigenous companies and especially SMEs that wish to market products into such applications.


It's complicated. The relationship of algorithmic fairness and non-discrimination regulations in the EU AI Act

Meding, Kristof

arXiv.org Artificial Intelligence

What constitutes a fair decision? This question is not only difficult for humans but becomes more challenging when Artificial Intelligence (AI) models are used. In light of discriminatory algorithmic behaviors, the EU has recently passed the AI Act, which mandates specific rules for AI models, incorporating both traditional legal non-discrimination regulations and machine learning based algorithmic fairness concepts. This paper aims to bridge these two different concepts in the AI Act through: First a high-level introduction of both concepts targeting legal and computer science-oriented scholars, and second an in-depth analysis of the AI Act's relationship between legal non-discrimination regulations and algorithmic fairness. Our analysis reveals three key findings: (1.), most non-discrimination regulations target only high-risk AI systems. (2.), the regulation of high-risk systems encompasses both data input requirements and output monitoring, though these regulations are often inconsistent and raise questions of computational feasibility. (3.) Regulations for General Purpose AI Models, such as Large Language Models that are not simultaneously classified as high-risk systems, currently lack specificity compared to other regulations. Based on these findings, we recommend developing more specific auditing and testing methodologies for AI systems. This paper aims to serve as a foundation for future interdisciplinary collaboration between legal scholars and computer science-oriented machine learning researchers studying discrimination in AI systems.


Towards An Automated AI Act FRIA Tool That Can Reuse GDPR's DPIA

Rintamaki, Tytti, Pandit, Harshvardhan J.

arXiv.org Artificial Intelligence

The AI Act introduces the obligation to conduct a Fundamental Rights Impact Assessment (FRIA), with the possibility to reuse a Data Protection Impact Assessment (DPIA), and requires the EU Commission to create of an automated tool to support the FRIA process. In this article, we provide our novel exploration of the DPIA and FRIA as information processes to enable the creation of automated tools. We first investigate the information involved in DPIA and FRIA, and then use this to align the two to state where a DPIA can be reused in a FRIA. We then present the FRIA as a 5-step process and discuss the role of an automated tool for each step. Our work provides the necessary foundation for creating and managing information for FRIA and supporting it through an automated tool as required by the AI Act.


Developing an Ontology for AI Act Fundamental Rights Impact Assessments

Rintamaki, Tytti, Pandit, Harshvardhan J.

arXiv.org Artificial Intelligence

The recently published EU Artificial Intelligence Act (AI Act) is a landmark regulation that regulates the use of AI technologies. One of its novel requirements is the obligation to conduct a Fundamental Rights Impact Assessment (FRIA), where organisations in the role of deployers must assess the risks of their AI system regarding health, safety, and fundamental rights. Another novelty in the AI Act is the requirement to create a questionnaire and an automated tool to support organisations in their FRIA obligations. Such automated tools will require a machine-readable form of information involved within the FRIA process, and additionally also require machine-readable documentation to enable further compliance tools to be created. In this article, we present our novel representation of the FRIA as an ontology based on semantic web standards. Our work builds upon the existing state of the art, notably the Data Privacy Vocabulary (DPV), where similar works have been established to create tools for GDPR's Data Protection Impact Assessments (DPIA) and other obligations. Through our ontology, we enable the creation and management of FRIA, and the use of automated tool in its various steps.


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

Mantelero, Alessandro

arXiv.org Artificial Intelligence

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.