The European Union Artificial Intelligence Act: Challenges for Fundamental Rights Protection

Artificial Intelligence (AI) has emerged as a disruptive technology with the capacity to transform many aspects of our lives, ranging from health to education, welfare, manufacturing, military uses, and more. However, as AI becomes more integrated into our social and economic activities, concerns regarding its impact on fundamental rights, its risks to health and safety, and fears over a loss of human control and autonomy have become increasingly prominent. Responding to these concerns, domestic and international regulatory initiatives are emerging. These seek to ensure the development and deployment of responsible and trustworthy AI systems. The most significant initiative to date is the European Union’s Artificial Intelligence Act (hereinafter ‘AI Act’, ‘the Act’ or ‘AIA’), which has entered into force on 1 August 2024. Its aim is to provide a comprehensive and legally binding framework for AI development and use. This report surveys and assesses the Act’s key fundamental rights provisions, and it identifies gaps and potential implementation challenges with respect to fundamental rights protection. The report will also make recommendations to enhance the fundamental rights-compliance of the Act.