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Record STMT-W41E2C0Advisory

Getting the Future Right: Artificial Intelligence and Fundamental Rights

GETTING THE FUTURE RIGHT ARTIFICIAL INTELLIGENCE AND FUNDAMENTAL RIGHTS

Report Institutional policyEuropean Unionin force

This report by the European Union Agency for Fundamental Rights examines the implications of artificial intelligence and big data on fundamental rights within the EU. Based on qualitative interviews and case studies across four key areas—social benefits, predictive policing, healthcare, and targeted advertising—the report evaluates how public administrations and private companies factor fundamental rights into AI development and deployment. It identifies critical challenges related to data protection, non-discrimination, transparency, and access to justice. Finally, it issues opinions and recommendations for policymakers, advocating for mandatory fundamental rights impact assessments and stronger accountability mechanisms.

Summary and content fields are drawn from the document text and are pending editorial review.

Who issued it

European Union Agency for Fundamental RightsIntergovernmental
Lead issuer
Legal forceAdvisory
Under whose authorityInstitutional policy
Judged fromfull text

Who it governs

National governmentRegulatorsPublic sector bodiesCompaniesAI developers and providersResearchers and academics

Policymakers, legal practitioners, public administration officials, and private sector developers should read this report to understand how AI impacts fundamental rights and how to ensure compliance.

Sectors
Cross-sectorPublic administration · social benefits and law enforcementHealthcare · medical diagnostics and records

What the document contains

What's covered

The report covers the fundamental rights implications of artificial intelligence and related technologies across four specific use cases: social benefits, predictive policing, healthcare, and targeted advertising. It analyses current practices, awareness levels among public and private sector actors regarding legal frameworks, and the effectiveness of risk mitigation tools. Additionally, it outlines the applicable European fundamental rights framework and provides concrete opinions for strengthening accountability and oversight.

What's missing

The document does not provide an exhaustive technical mapping of all deployed AI systems across every EU Member State, nor does it contain a detailed code of conduct or software specifications for developers.

Key takeaways
  • Using AI systems engages a wide spectrum of fundamental rights that go beyond privacy, data protection, and non-discrimination.
  • Prior impact assessments mainly focus on technical issues and rarely address potential effects on fundamental rights due to a lack of awareness and knowledge.
  • Data protection authorities and other oversight bodies often lack sufficient resources and specific expertise to effectively oversee complex AI systems.
  • Automated decision-making and machine learning applications risk entrenching existing biases and causing discriminatory outcomes if not properly monitored.
  • Ensuring effective access to justice requires that individuals know when AI is used, understand how decisions are made, and have access to transparent explanations.
Principles it states
Respect for human dignityEquality before the law and non-discriminationThe right to private life and protection of personal dataRight to an effective remedy and to a fair trialRight to good administration
Outline
· Foreword
· Key findings and FRA opinions
· 1 AI and fundamental rights – why it is relevant for policymaking
· 2 Putting fundamental rights in context – selected use cases of AI in the EU
· 3 Fundamental rights framework applicable to AI
· 4 Impact of current use of AI on selected fundamental rights
· 5 Fundamental rights impact assessment – a practical tool for protecting fundamental rights
· 6 Moving forward: challenges and opportunities
Issued2020
Length51,722 words · 108 pages
FormatNot recorded
Scoperegional

How it scores

Pending review

Each score is backed by a quote verified against the document text. Editorial review has not yet confirmed them.

Accountability

4/5

Clear responsibility for AI outcomes

The EU and Member States should ensure that effective accountability systems are in place to monitor and, where needed, effectively address any negative impact of AI systems on fundamental rights

Page 9

screening score · 2026-10-23

Fairness

4/5

Non-discrimination and equitable treatment

EU Member States should consider encouraging companies and public administration to assess any potentially discriminatory outcomes when using AI systems

Page 10

screening score · 2026-10-23

Human Dignity

3/5

Respect for the inherent worth of persons

Most know that data protection can be a concern, and some refer to non-discrimination. They are less aware that other rights – such as human dignity, access to justice and consumer protection, among others – can also be at risk.

Page 1

screening score · 2026-10-23

Human Oversight

3/5

Humans remain in control of consequential decisions

Interviewees in public administration stressed the importance of human review of any decisions. However, they rarely described what such human review actually involves

Page 12

screening score · 2026-10-23

Enforcement

1/5

Consequences and compliance mechanisms with real force

Such law would likely be cross-sectoral and provide for sanctions for non-compliance

Page 8

screening score · 2026-10-23

Topics

artificial_intelligence fundamental_rights data_protection non_discrimination impact_assessment
Getting the Future Right: Artificial Intelligence and Fundamental Rights · CEI AI Governance Database