T42. AI system health, safety and fundamental rights impact assessment

AI system impacts on the health and safety of humans will likely remain the most important concerns that organizations should address when developing and using AI. These impacts together with fundamental rights impacts will likely be the centerpieces of future regulatory instruments.

If the AI system harms and impacts pre-assessment (T40) indicates that the AI systems will likely have non-negligible impacts on the health, safety, and fundamental rights of individuals, The AI System Owner should ensure that the organization undertakes and documents
1) a health impact review to identify the potential health impacts the AI system may have on the physical and psychological well-being of its users, subjects, and other affected parties,
2) a safety impact review to the identify the potential safety risks the AI system may impose on individuals’ and organizations’ tangible assets, and
3) a fundamental rights impact to identify the potential impacts that the AI system may have on the protection and realization of individuals’ fundamental rights. The legal advisory function should be involved in the assessment.