Prohibited AI Practices

Prohibited

Plain-Language Explanation

Article 5 of the EU AI Act establishes an absolute prohibition on certain AI applications that pose unacceptable risks to people's safety, rights, and democratic values. These include subliminal manipulation, social scoring, predictive policing based on profiling, and real-time biometric surveillance in public spaces (with narrow law enforcement exceptions).

Relevant Articles

Art. 5Prohibited

Prohibited AI Practices

Lists eight categories of AI systems and uses that are completely prohibited in the EU, including subliminal manipulation, social scoring, real-time biometric surveillance, and predictive policing based solely on profiling.

Relevant Annexes

Annex II: Criminal Offences for Biometric Identification Exception

Lists serious crimes (at least 4 years imprisonment) for which real-time biometric surveillance in public spaces may be used by law enforcement under the Article 5(1)(h) exception.

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Annex II — Criminal Offences referred to in Article 5(1)(h)(iii)

The criminal offences listed below are those for which the use of real-time remote biometric identification systems in publicly accessible spaces for law enforcement purposes may be exceptionally permitted:

- Terrorism
- Trafficking in human beings
- Sexual exploitation of children
- Illicit trafficking in narcotic drugs and psychotropic substances
- Illicit trafficking in weapons, munitions and explosives
- Murder, grievous bodily injury
- Illicit trade in human organs and tissue
- Kidnapping, illegal restraint and hostage-taking
- Crimes within the jurisdiction of the International Criminal Court
- Unlawful seizure of aircraft/ships
- Rape
- Environmental crime (when causing death)
- Counterfeiting currency
- Computer-related crime
- Corruption
- Organised crime participation

All offences must carry a maximum penalty of at least 4 years imprisonment.