Getting the Future Right: Artificial Intelligence and Fundamental Rights
GETTING THE FUTURE RIGHT ARTIFICIAL INTELLIGENCE AND FUNDAMENTAL RIGHTS
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
Who it governs
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.
What the document contains
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.
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.
- 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.
· 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
How it scores
Each score is backed by a quote verified against the document text. Editorial review has not yet confirmed them.
Accountability
4/5Clear 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
4/5Non-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
3/5Respect 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
3/5Humans 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
1/5Consequences 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