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Article 5 · Chapter II: Prohibited AI Practices

Prohibited AI Practices

Unacceptable risk

Summary

Outright bans on AI systems whose risk to fundamental rights is unacceptable: subliminal/manipulative techniques causing harm, exploiting vulnerabilities of specific groups, social scoring by public authorities, predictive policing based solely on profiling, untargeted scraping of facial images for facial-recognition databases, emotion recognition in workplaces and education (with narrow exceptions), biometric categorisation inferring sensitive attributes, and real-time remote biometric identification in publicly accessible spaces for law enforcement (with narrow Annex II exceptions).

Key obligations

  • Do not deploy the eight categories of prohibited practices
  • Even tested-only or piloted systems can be in breach
  • Penalties up to €35M or 7% of global annual turnover