Article 5(1)(d) AI Act prohibits AI systems assessing or predicting the risk of a natural person committing a criminal offence based solely on profiling or assessing personality traits and characteristics.
The provision indicates, in its last phrase, that the prohibition does not apply if the AI system is used to support the human assessment of the involvement of a person in a criminal activity, which is already based on objective and verifiable facts directly linked to that activity. Such AI systems that fall outside the scope of the prohibition intended to be used by law enforcement authorities, or on their behalf, or by Union institutions, bodies, offices or agencies in support of law enforcement authorities , for assessing the risk of a natural person offending or re-offending not solely on the basis of profiling, or the assessment of personality traits and characteristics or past criminal behaviour are classified as ‘highrisk’ - AI systems (Annex III, point 6, letter (d) AI Act ) and must comply with all relevant requirements and obligations under the AI Act.