EU: Prohibited Artificial Intelligence Practices

As per Article 5 of the EU Artificial Intelligence Act are prohibited the following practices consisting of placing on the market, putting into service or use of AI systems that consist of :

1.a) Subliminal techniques beyond a person’s consciousness designed to materially distort a person’s behaviour in a manner that causes or is likely to cause that person or another person physical or psychological harm

b) (algorithmic bias) Exploiting any of the vulnerabilities of a specific group of persons due to their age, physical or mental disability, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;

c) (social credit score system) by public authorities or on their behalf: evaluation or classification of the trustworthiness of natural persons over a certain period of time based on their social behaviour or known or predicted personal or personality characteristics, with the social score leading to either or both of the following:

  • detrimental or unfavourable treatment of certain natural persons or whole groups thereof in social contexts which are unrelated to the contexts in which the data was originally generated or collected;
  • detrimental or unfavourable treatment of certain natural persons or whole groups thereof that is unjustified or disproportionate to their social behaviour or its gravity;

d) the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, unless and in as far as such use is strictly necessary for one of the following objectives:

  • the targeted search for specific potential victims of crime, including missing children;
    • the prevention of a specific, substantial and imminent threat to the life or physical safety of natural persons or of a terrorist attack;
    • the detection, localisation, identification or  prosecution of a perpetrator or suspect of a criminal offence referred to in Article 2(2) of Council Framework Decision 2002/584/JHA62 and punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State.

1d) requires a judicial authorization. There is a balancing test.