Operators of high-impact AI should assess its impact on fundamental rights before use
Context fileUnder Framework Act on the Development of Artificial Intelligence and Establishment of a Foundation for Trust, Article 35
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.
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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.
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 |
Cite this record
AIPolicyTracker (2026). “Operators of high-impact AI should assess its impact on fundamental rights before use (Framework Act on the Development of Artificial Intelligence and Establishment of a Foundation for Trust)”. https://aipolicytracker.org/obligations/south-korea-ai-basic-act-art-35-high-impact-ai-impact-assessment (accessed 24 September 2026). Data licensed CC BY 4.0.
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.
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
- Conduct a data protection impact assessment for high-risk processing using new technologies — UAE PDPL, United Arab Emirates
- Carry out a data protection impact assessment for high-risk AI processing — ICO AI guidance, United Kingdom
- 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)
Informational only, not legal advice. Verify every claim against the linked official sources and consult qualified counsel before acting.