guidance

Prohibitions § 2.1

Prohibitions listed in Article 5 AI Act

Official source ↗

(9)

Overview on the Prohibitions Provision Prohibition Content Article Harmful manipulation, AI systems that deploy subliminal techniques 5(1)(a) and deception beyond a person’s consciousness or purposefully manipulative or deceptive techniques, with the objective or with the effect of distorting behaviour, causing or reasonably likely to cause significant harm Article Harmful exploitation of AI systems that exploit vulnerabilities due to age, 5(1)(b) vulnerabilities disability or a specific social or economic situation, with the objective or with the effect of distorting behaviour, causing or reasonably likely to cause significant harm Article Social scoring AI systems that evaluate or classify natural persons 5(1)(c) or groups of persons based on social behaviour or personal or personality characteristics, with the social score leading to detrimental or unfavourable treatment when data comes from unrelated social contexts or such treatment is unjustified or disproportionate to the social behaviour Article Individual criminal AI systems that assess or predict the risk of people 5(1)(d) offence risk assessment committing a criminal offence based solely on and prediction profiling or personality traits and characteristics; except to support a human assessment based on objective and verifiable facts directly linked to a criminal activity Article Untargeted scraping to AI systems that create or expand facial recognition 5(1)(e) develop facial databases through untargeted scraping of facial recognition databases images from the internet or closed-circuit television (‘CCTV’) footage Article Emotion recognition AI systems that infer emotions at the workplace or 5(1)(f) in education institutions; except for medical or safety reasons Article Biometric categorisation AI systems that categorise people based on their 5(1)(g) biometric data to deduce or infer their race, political opinions, trade union membership, religious or philosophical beliefs, sex-life or sexual orientation; except for labelling or filtering of lawfully acquired biometric datasets, including in the area of law enforcement Article Real-time remote AI systems for real-time remote biometric 5(1)(h) biometric identification identification in publicly accessible spaces for the (‘RBI’) purposes of law enforcement; except if necessary for the targeted search of specific victims, the prevention of specific threats including terrorist attacks, or the search of suspects of specific offences (further procedural requirements, including for authorisation, outlined in Article 5(2-7) AI Act).