Whether an AI system may benefit from the filter mechanisms in Article 6(3) AI Act depends on a self-assessment by the provider.
The consequence of applying the filter mechanism is that the AI system should not be classified as high-risk and therefore that neither the obligations for providers nor for deployers set out in Chapter III of the AI Act apply in relation to that system. However, Article 6(4) AI Act sets out specific obligations for providers of such AI systems, which are:
to document the assessment before the AI system is placed on the market or put into service, and
to register the AI system in the EU database established pursuant to Article 71 AI Act, which is intended to ensure the traceability of exempted AI systems.
The assessment should contain:
a description of the intended purpose of the AI system;
a description why the system qualifies as high-risk pursuant to Article 6(2) AI Act;
a description which condition or conditions listed under Article 6(3) AI Act are considered to apply and why;
a description why the system does not perform profiling, in which case the filter mechanism of Article 6(3) AI Act should not be applied.
The assessment should be recorded in a way that it can be made available at any time upon the request of a market surveillance authority.Deployers procuring AI systems are encouraged to verify the use of the exception in the EU database under Article 71 for their due diligence purposes.