Fundamental rights framework applicable to AI

• Author: European Union Agency for Fundamental Rights (EU body or agency)
• Pages: 47-55

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FUNDAMENTAL RIGHTS FRAMEWORK

APPLICABLE TO AI

The use of AI – as presented in the four use cases discussed in Chapter 2 – can

affect specif‌ic fundamental rights (as outlined in Chapter 4). Full compliance

with fundamental rights is a prerequisite for using AI-driven technologies,

irrespective of the area concerned.

This chapter introduces the general fundamental rights framework in the

EU that governs the use of AI, including selected secondary EU legislation

and national law (Section 3.1). This fundamental rights framework provides

the normative basis and benchmarks for the design, development and

deployment of AI tools.

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It helps determine whether or not a specif‌ic use of AI

is fundamental rights compliant. The requirements for justif‌ied interferences

with fundamental rights are outlined in Section 3.3.

.. FUNDAMENTAL RIGHTS FRAMEWORK GOVERNING

THE USE OF AI

The cornerstone instrument of the EU fundamental rights framework applicable

to the use of AI is the Charter. Together with the unwritten general principles

of EU law, it is the main source of fundamental rights in the EU. The Charter

enshrines a wide array of fundamental rights and has the same legal value

as the EU Treaties. All EU institutions and bodies are bound by the Charter, as

are Member States when they act within the scope of EU law (Article 51 (1)

of the Charter).2