Prohibited AI Practices: What's Banned Under the EU AI Act
A detailed look at AI systems and practices that are completely prohibited in the EU.
Some AI applications are considered too risky and are banned outright in the EU. Here's what you need to know.
Completely Prohibited Systems
1. Social Scoring
Banned: AI systems that evaluate or classify people based on social behavior or personal characteristics over time.
Why: Risk of discrimination and violation of fundamental rights.
2. Exploitation of Vulnerabilities
Banned: AI that exploits vulnerabilities of specific groups (children, elderly, disabled) to materially distort behavior.
Example: Toys using voice assistance to manipulate children.
3. Subliminal Manipulation
Banned: AI deploying subliminal techniques beyond a person's consciousness to distort behavior.
Key: Must cause or be likely to cause physical or psychological harm.
4. Real-time Biometric Identification (with exceptions)
Banned: Use of real-time remote biometric identification in publicly accessible spaces for law enforcement.
Exceptions:
- Search for missing persons
- Prevention of specific terrorist threats
- Detection of serious crimes (with judicial authorization)
Implementation Timeline
February 2, 2025: All prohibitions take effect
- Organizations must cease prohibited practices
- Existing systems must be decommissioned
- No grace period provided
Penalties for Violations
- Up to €35 million OR
- 7% of global annual turnover
- Whichever is higher
Border Cases and Clarifications
What's NOT Prohibited:
- Post-remote biometric identification (with safeguards)
- Biometric verification (1:1 matching)
- Private space biometric systems
- Employee monitoring (subject to labor laws)
Gray Areas Requiring Legal Review:
- Emotion recognition in specific contexts
- Predictive policing systems
- Behavioral analytics for security
Compliance Actions
- Immediate audit of all AI systems
- Identify any prohibited use cases
- Discontinue prohibited practices by February 2025
- Document compliance measures
- Implement alternative solutions where needed
Seeking Clarification
If unsure whether your system is prohibited:
- Consult with legal experts
- Request guidance from regulators
- Err on the side of caution
- Consider alternative approaches
The penalties are severe - when in doubt, don't deploy.
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