Quantifying Values: The Problem of AI Risk
Abstract
Recent AI regulations require deployers of high-risk systems to assess impacts on values like fundamental rights and other legally protected interests. However, existing practice-most notably Fundamental Rights Impact Assessments (FRIAs) under the EU AI Actremains mostly limited to qualitative guidelines. As a result, risk evaluation can be inconsistent and highly variable across assessments. To address this issue, we propose a reference model for value-impact assessment that specifies the core components that any more detailed formalization should incorporate. The model builds on a classical risk paradigm, integrating distinct measures for hazard, exposure, vulnerability, and response or mitigation. We use the EU AI Act's FRIA as a reference case for applying the model to AI risk assessments. The model provides three especially salient recommendations. First, it rejects purely ordinal risk matrices in favor of geometric or ratio-scaled severity ladders, enabling the coherent calculation of expected risk. Second, in analyzing risk mitigation measures, it requires separate estimates of efficacy and reliability, with explicit success criteria and scope conditions that allow for dynamic updating. Third, the model operationalizes regulatory precaution, or risk appetite, through the integration of tail-sensitive risk metrics (e.g., Conditional Value-at-Risk). This lets regulators give appropriate weight to low-probability, high-impact (or catastrophic) harms to fundamental rights without distorting ordinary expected-risk calculations. The result is a structured foundation for more consistent value-impact assessments.
Fields of Study & Subjects
Ethics and Social Impacts of AI
Digitalization
Law
and Regulation
Artificial Intelligence in Law
Publication details
- Journal / source
- SSRN Electronic Journal
- Publication date
- 1 January 2026
- Language
- EN
- Document type
- Preprint