Article 27 — Fundamental Rights Impact Assessment for High-Risk AI Systems

Article 27

Fundamental rights impact assessment for high-risk AI systems

1. Prior to deploying a high-risk AI system referred to in Article 6(2), with the exception of high-risk AI systems
intended to be used in the area listed in point 2 of Annex III, deployers that are bodies governed by public law, or are private
entities providing public services, and deployers of high-risk AI systems referred to in points 5 (b) and (c) of Annex III, shall
perform an assessment of the impact on fundamental rights that the use of such system may produce. For that purpose,
deployers shall perform an assessment consisting of:

(a) a description of the deployer’s processes in which the high-risk AI system will be used in line with its intended purpose;

(b) a description of the period of time within which, and the frequency with which, each high-risk AI system is intended to
be used;

(c) the categories of natural persons and groups likely to be affected by its use in the specific context;

(d) the specific risks of harm likely to have an impact on the categories of natural persons or groups of persons identified
pursuant to point (c) of this paragraph, taking into account the information given by the provider pursuant to
Article 13;

(e) a description of the implementation of human oversight measures, according to the instructions for use;

(f) the measures to be taken in the case of the materialisation of those risks, including the arrangements for internal
governance and complaint mechanisms.

ELI: http://data.europa.eu/eli/reg/2024/1689/oj 69/144
EN OJ L, 12.7.2024

2. The obligation laid down in paragraph 1 applies to the first use of the high-risk AI system. The deployer may, in
similar cases, rely on previously conducted fundamental rights impact assessments or existing impact assessments carried
out by provider. If, during the use of the high-risk AI system, the deployer considers that any of the elements listed in
paragraph 1 has changed or is no longer up to date, the deployer shall take the necessary steps to update the information.

3. Once the assessment referred to in paragraph 1 of this Article has been performed, the deployer shall notify the
market surveillance authority of its results, submitting the filled-out template referred to in paragraph 5 of this Article as
part of the notification. In the case referred to in Article 46(1), deployers may be exempt from that obligation to notify.

4. If any of the obligations laid down in this Article is already met through the data protection impact assessment
conducted pursuant to Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680, the fundamental
rights impact assessment referred to in paragraph 1 of this Article shall complement that data protection impact
assessment.

5. The AI Office shall develop a template for a questionnaire, including through an automated tool, to facilitate deployers
in complying with their obligations under this Article in a simplified manner.

SECTION 4

Notifying authorities and notified bodies