New article: "Assessing the (severity of) impacts on fundamental rights"
Gianclaudio Malgieri, Associate Professor at eLaw, has published a new article together with Cristiana Santos, Assistant Professor at Utrecht University, titled “Assessing (the Severity of) Impact on Fundamental Rights” in the journal Computer Law & Security Review (CLSR), published by Elsevier.
The article addresses the challenges of assessing risks to fundamental rights in the context of digital regulation. It critically examines the various approaches and terminologies used in fundamental rights impact assessments (FRIAs) across legal frameworks such as the Artificial Intelligence Act (AIA), the Digital Services Act (DSA), and the General Data Protection Regulation (GDPR). The authors propose a structured methodology for evaluating the severity of impacts on fundamental rights, drawing on participatory, critical, feminist, and queer perspectives.
The research builds on extensive case law analysis, socio-legal studies, and multiple rounds of academic discussions, including contributions from TILTing 2024. Notably, it has already been referenced by digital rights organisations such as ECNL and AlgorithmWatch in their models for fundamental rights impact assessment.
The article is available open access and can be read on the website of ScienceDirect.
This research is part of the RESOCIAL Project, which investigates user resilience and vulnerability in social media and the metaverse.