AI sys tems intended to be used for biometric categorisation according to sensitive attributes or characteristics protected under Article 9(1) GDPR on the basis of biometric data, in so far as these are not prohibited under this Regulation, are classified as high-risk182 under the AI Act.183
Article 5(1) (g) AI Act further restricts the possibilities for a lawful personal data processing under Union data protection law, such as the GDPR, LED, EUDPR . In particular, Article 5(1)(g) AI Act excludes the possibilities for biometric categorisation of natural persons, based on their biometric data, as defined in the AI Act, toinfer race, political opinions, trade union membership, religious or philosophical beliefs, sex-life or sexual orientation, subject to the exception for labelling or filtering of lawfully acquired biometric data sets, including in the area of law enforcement , as described above. Moreover, the prohibition in Article 5(1)(g) AI Act is consistent with Article 11(3) LED, which explicitly prohibits any ‘profiling’ that results in discrimination on the basis of special categories of personal data, such as race, ethnic origin, sexual orientation, political opinion, or religious beliefs.