As the terms ‘in so far as their use is permitted under relevant Union or national law’used in points 1, 6 and 7 of Annex III AI Act suggest, the fact that an AI system falls within one of the use cases listed in those points does not necessarily mean that the system can be lawfully used in those cases. As stated in recital 63 AI Act, any such use may occur solely in accordance with the applicable requirements resulting from the Charter of Fundamental Right (‘the Charter’)and from the applicable acts of secondary Union law and national law.
In addition to the prohibitions, the use of an AI system may also be restricted by other provisions of Union law or national law. This is also consistent with Article 2(9) AI Act, which states that the AI Act applies ‘with outprejudice’ to the rules laid down by other Union legal acts related to consumer protection,product safety and data protection.