What are the practical steps for conducting a Fundamental Rights Impact Assessment (FRIA) as potentially required by Article 27, and what should the report include?
Okay, here's the complete, corrected answer, without any meta-comments, and incorporating the accurate interpretation of Recital 96:
Practical Steps for Conducting a FRIA:
- Determine Applicability (Article 27(1)):
- Who: The obligation primarily falls on deployers that are:
- Bodies governed by public law.
- Private entities providing public services .
- Deployers of high-risk AI systems referred to in points 5 (b) and (c) of Annex III.
- When: Before deploying a high-risk AI system (Article 6(2)), except for systems used in the area listed in point 2 of Annex III ( unless used for specific, limited purposes).
- Action: Document the rationale for why a FRIA is required (or why an exception applies).
- Define the Scope (Article 27(1)(a) and (b)):
- Processes: Identify the specific organizational processes where the AI system will be used.
- Timeframe and Frequency: Determine the period and frequency of the AI system's use.
- Action: Create a clear scope document.
- Identify Affected Persons and Groups (Article 27(1)(c)):
- Categories: Identify the categories of individuals and groups likely to be affected.
- Vulnerable Groups: Pay particular attention to vulnerable groups.
- Action: Create a list of affected groups, with justification.
- Identify Specific Risks of Harm (Article 27(1)(d)):
- Fundamental Rights: Consider the full range of fundamental rights.
- Specific Risks: For each affected group and each right, identify specific risks.
- Severity and Likelihood: Assess the severity and likelihood of each risk.
- Information from Provider: Take into account information from the AI system's provider (Article 13).
- Action: Create a risk register.
- Describe Human Oversight Measures (Article 27(1)(e)):
- Instructions for Use: Refer to the AI system's instructions for use and describe how human oversight will be implemented.
- Specific Procedures: Detail procedures for human intervention, review, and override.
- Roles and Responsibilities: Define roles and responsibilities.
- Action: Document the human oversight procedures.
- Describe Measures to be Taken (Article 27(1)(f)):
- Risk Mitigation: Describe measures to mitigate or eliminate each risk.
- Internal Governance: Describe internal governance arrangements.
- Complaint Mechanisms: Establish or describe complaint mechanisms.
- Action: Update the risk register with mitigation measures. Document governance and complaint mechanisms.
- Complement Other Assessments (Recital 96, Paragraphs 372, 373):
- Broad Scope: The FRIA covers all fundamental rights.
- Coordination: If other assessments are required (e.g., DPIA, sector-specific assessments), coordinate to avoid duplication.
- Combined Approach (Optional): If a DPIA is required, you may conduct the FRIA and DPIA in conjunction. Distinguish between data protection (DPIA) and fundamental rights (FRIA) aspects.
- Cross-Referencing: Cross-reference relevant sections between the FRIA and other assessments.
- Action: Coordinate with experts. Document the coordination process.
- Document and Update:
- The FRIA should be a living document.
- Update the FRIA whenever there are significant changes.
What the FRIA Report Should Include:
- Executive Summary: A brief overview of the AI system, its intended use, the key findings of the FRIA, and the main mitigation measures.
- Scope of the Assessment: As defined in Step 2.
- Affected Persons and Groups: As identified in Step 3.
- Risk Assessment: The risk register (from Steps 4 and 6), including:
- Description of each risk
- Affected group(s)
- Relevant fundamental right(s)
- Severity and likelihood assessment
- Existing mitigating factors
- Planned mitigation measures
- Human Oversight Measures: As described in Step 5.
- Internal Governance and Complaint Mechanisms: As described in Step 6.
- Relationship to Other Assessments: Explanation of how the FRIA complements other assessments, clarifying the broad scope beyond just DPIAs.
- Conclusion: A summary of the overall assessment and any remaining risks.