European Union Agency for Fundamental Rights (FRA): new report for fundamental rights safeguards as justice goes digital

The European Union Agency for Fundamental Rights (FRA) has launched a new report, ‘Digitalising Justice: A Fundamental Rights-based Approach’, which examines a range of digital solutions in use. These measures cover the use of video conferencing during trials, electronic case-management systems to make administrative processes more efficient, online platforms that offer public access to information, crime reporting, and legal aid, as well as AI tools for anonymisation and transcription.  

Justice professionals and technical experts interviewed by FRA generally support digitalising justice systems to improve efficiency and access. At the same time, they warn of risks when fundamental rights such as fair trial guarantees and data protection are not fully built into new technologies.

To ensure digitalisation strengthens, rather than undermines, rights and access to justice, the report highlights four priorities:

• Embed fundamental rights from the start: Digital tools should not prioritise speed over fairness. Beyond data protection, authorities must assess impacts on all rights, including fair trial standards, transparency, accessibility, and non-discrimination.
• Consult a wider range of users: Systems are often designed with input only from judges or prosecutors. Involving human rights experts, civil society, and affected groups (including persons with disabilities) ensures tools work for everyone.
• Keep non-digital options and provide support: Not all people have the skills or technology to use digital services. Maintaining traditional procedures and investing in digital inclusion prevents new barriers and protects equal access to justice.
• Provide training on rights risks: Training should address not only how tools function but also issues like bias, discrimination, privacy risks, and errors, especially when AI is involved.

The report draws on a fundamental rights assessment of 31 digital justice tools used in Austria, Estonia, France, Italy, Latvia, Poland, and Portugal, supported by interviews with technical experts and justice professionals involved in their design and use.