Navigating Through Human Rights in AI: Exploring the Interplay Between GDPR and Fundamental Rights Impact Assessment

Abstract

The relationship and the interplay between the EU AI Act and the data protection law is a challenging issue. This paper focuses on exploring the interplay between legal provisions stemming from the AI Act and those stemming from the GDPR, with the ultimate goal of developing an integrated framework that simultaneously implements Fundamental Rights Impact Assessment (FRIA) and Data Protection Impact Assessment (DPIA) within the context of Artificial Intelligence (AI) systems, particularly focusing on systems that utilize personal data. This approach is designed to simplify the evaluation processes for stakeholders managing risks related to personal data protection, as well as to other fundamental rights in AI systems, enhancing both efficiency and accuracy in these assessments as well as facilitating compliance with the relevant legal provisions. The methodology adopted involves developing a holistic model that can be applied not only to specific case studies but more broadly across various sectors.