Article 5

Article 5 — Prohibited AI Practices

The following AI practices shall be prohibited:

(a) Placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person's consciousness or purposefully manipulative or deceptive techniques, with the objective, or the effect of materially distorting the behaviour of a person or a group of persons by appreciably impairing their ability to make an informed decision, thereby causing them to take a decision that they would not have otherwise taken in a manner that causes or is reasonably likely to cause significant harm to that person or another person or group of persons;

(b) Placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of a natural person or a specific group of persons due to their age, disability or a specific social or economic situation, with the objective, or the effect, of materially distorting the behaviour of that person or a person belonging to that group in a manner that causes or is reasonably likely to cause significant harm to that person or another person or group of persons;

(c) Placing on the market, putting into service or use of AI systems for the evaluation or classification of natural persons or groups of persons over a certain period of time based on their social behaviour or known, inferred or predicted personal or personality characteristics, with the social score leading to either or both of the following: (i) detrimental or unfavourable treatment of certain natural persons or groups of persons in social contexts that are unrelated to the contexts in which the data was originally generated or collected; (ii) detrimental or unfavourable treatment of certain natural persons or groups of persons that is unjustified or disproportionate to their social behaviour or its gravity;

(d) Placing on the market, putting into service or use of an AI system for making risk assessments of natural persons with a view to assessing or predicting the risk of a natural person committing a criminal offence, based solely on the profiling of a natural person or on assessing their personality traits and characteristics;

(e) Placing on the market, putting into service or use of AI systems that create or expand facial recognition databases through the untargeted scraping of facial images from the internet or CCTV footage;

(f) Placing on the market, putting into service or use of AI systems to infer emotions of a natural person in the areas of workplace and education institutions, except where the use of the AI system is intended for medical or safety reasons;

(g) Placing on the market, putting into service or use of AI systems for biometric categorisation of natural persons based on their biometric data to deduce or infer their race, political opinions, trade union membership, religious or philosophical beliefs, sex life or sexual orientation;

(h) The use of real-time remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, unless strictly necessary for: (i) targeted search for abduction/trafficking victims or missing persons; (ii) prevention of imminent threat to life or terrorist attack; (iii) identification of suspects for crimes in Annex II carrying at least 4 years imprisonment.