Operators of high-impact AI should assess its impact on fundamental rights before use
Download: JSON · MarkdownUnder AI Basic Act, Article 35
What this label means
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- Source-linked
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On this page 9 sections
In brief
Operators of high-impact AI should assess its impact on fundamental rights before use is a voluntary measure under AI Basic Act in South Korea (Article 35). An AI business operator that provides high-impact AI, or a product or service using it, is to make efforts to assess in advance the impact the AI may have on people's fundamental rights.
- Instrument
- AI Basic Act
- Jurisdiction
- South Korea
- Nature
- Voluntary guidance
- Source reference
- Article 35
- Applies from
- 22 January 2026
- Who it binds
- Provider / developer, Deployer / user organisation, Public authority / government body
- Evidence examples
- 1
- Framework mappings
- ISO/IEC 42001:2023, NIST AI Risk Management Framework 1.0
- Controls that meet it
- 1
- Official source
- Open official text
- Verification
- Verified against the official source 26 Sep 2026
What does it require?
An AI business operator that provides high-impact AI, or a product or service using it, is to make efforts to assess in advance the impact the AI may have on people's fundamental rights. The provision is drafted as an endeavour duty rather than a hard requirement, but public bodies procuring high-impact AI are directed to give preference to products that have undergone such an assessment, and the ministry may set assessment methods.
Practical action
Run a fundamental-rights impact assessment for each high-impact system, particularly where public-sector procurement is in view.
Who does it apply to?
AI business operators providing high-impact AI; the assessment is an effort obligation with procurement incentives for public bodies.
Applies from:
Which controls meet this duty?
Satisfies: the control, operated properly, does the work the duty asks for. Supports: it contributes but the duty needs more. Each control page lists every other duty it serves, so work done once can be counted once.
-
satisfiesProcessAI system owner · once per ai systemAI impact and fundamental-rights impact assessment
Serves 11 recorded duties · evidence: AI impact assessment, Impact assessment approval, Impact assessment procedure and template
Fundamental-rights assessment before deployment.
Templates that cover this duty
Generated from the records. Free · no account · links emailed to your work address. This duty is cited in each file with its source reference and a link back here.
- Fundamental Rights Impact Assessment (FRIA)
Assessment · DOCX and XLSX · v5
- AI Impact Assessment
Assessment · DOCX and XLSX · v5
- ISO/IEC 42001 Gap Assessment and Statement of Applicability
Assessment · XLSX · v3
- NIST AI RMF ↔ EU AI Act ↔ ISO/IEC 42001 Crosswalk
Crosswalk · XLSX · v5
What evidence would a reviewer expect?
| Evidence | Type | Notes |
|---|---|---|
| Fundamental-rights impact assessment for high-impact AI | report |
Framework mappings
Original editorial crosswalks. They cite clause numbers only and reproduce no standard text; confidence reflects how direct the mapping is.
See every South Korea duty mapped this way →
| Framework | Reference | Note | Confidence |
|---|---|---|---|
| ISO/IEC 42001:2023 | Clause 6.1.4; Annex A.5.2, A.5.4 | AI system impact assessment on individuals and society. | high |
| NIST AI RMF 1.0 | MAP 5.1, MAP 5.2 | Impact characterisation and engagement. | medium |
Frequently asked questions
Is this a legal requirement?
No. It is voluntary guidance under AI Basic Act; following it is expected or recommended rather than required by law.
Who must comply with this obligation?
AI business operators providing high-impact AI; the assessment is an effort obligation with procurement incentives for public bodies.
When does this obligation apply?
It applies from 22 January 2026.
What evidence shows compliance?
A reviewer would expect: Fundamental-rights impact assessment for high-impact AI.
Which frameworks map to this obligation?
It is mapped to ISO/IEC 42001:2023 Clause 6.1.4; Annex A.5.2, A.5.4, NIST AI Risk Management Framework 1.0 MAP 5.1, MAP 5.2. These are editorial crosswalks with a stated confidence, not official mappings.
Which controls satisfy this obligation?
AI impact and fundamental-rights impact assessment.
What should an organisation do in practice?
Run a fundamental-rights impact assessment for each high-impact system, particularly where public-sector procurement is in view.
Cite this record
AIPolicyTracker (2026). “Operators of high-impact AI should assess its impact on fundamental rights before use (AI Basic Act)” [AIPT-OBL-0067, verified 26 September 2026 by Bhaskar Bhatt]. https://aipolicytracker.org/id/AIPT-OBL-0067 (accessed 8 November 2026). Data licensed CC BY 4.0.
Permanent id AIPT-OBL-0067: it never changes or gets reused, and its address keeps working if this page moves.
Cite the official text alongside it: Framework Act on the Development of Artificial Intelligence and Establishment of a Foundation for Trust (AI Basic Act, Act No. 20676), Korea Ministry of Government Legislation, National Law Information Center, https://www.law.go.kr/lsInfoP.do?lsiSeq=268543.
BibTeX
@misc{aipolicytracker2026_operatorsofhighimpactais,
author = {{AIPolicyTracker}},
title = {{Operators of high-impact AI should assess its impact on fundamental rights before use (AI Basic Act)}},
year = {2026},
howpublished = {\url{https://aipolicytracker.org/obligations/south-korea-ai-basic-act-art-35-high-impact-ai-impact-assessment}},
url = {https://aipolicytracker.org/obligations/south-korea-ai-basic-act-art-35-high-impact-ai-impact-assessment},
urldate = {2026-11-08},
note = {Data licensed CC BY 4.0. Accessed 8 November 2026}
}
Change history
No change to this record's tracked fields has been recorded since 15 October 2026, when field-level history began.
Similar obligations in other instruments
- Carry out a fundamental rights impact assessment before deployment — EU AI Act, European Union
- Significant Data Fiduciaries must appoint a DPO and run impact assessments and audits — India DPDP Act, India
- Carry out a data protection impact assessment for high-risk AI processing — ICO AI guidance, United Kingdom
- Conduct a data protection impact assessment for high-risk processing using new technologies — UAE PDPL, United Arab Emirates
- Deployers must complete impact assessments for high-risk AI — Colorado AI Act, Colorado (United States)
- Map context, intended use and potential impacts (Map) — NIST AI RMF, United States (voluntary)
Disclaimer: informational only, not legal advice. Verify every claim against the linked official sources and consult a qualified lawyer before acting.