Does the AI Act prohibit the use of AI systems?
The AI Act prohibits the use of certain AI systems that pose an unacceptable risk to the health, safety or fundamental rights of the EU. Placing on the market, making available for use and use are prohibited:
- AI systems that use manipulative and deceptive techniques to distort the behaviour of persons;
- AI systems that exploit the vulnerabilities of persons on account of their age, disability or other similar vulnerability in order to distort their behaviour;
- social scoring systems;
- AI systems that predict the likelihood that a person will commit a crime (predictive policing tools);
- untargeted collection of facial images to create or disseminate a facial recognition database;
- AI systems to infer a person's emotions in the workplace or in educational institutions;
- AI systems for biometric categorisation, which classify individuals on the basis of their biometric data in order to identify a sensitive circumstance, such as political belief or sexual orientation.
The use of these systems is never permissible. The AI Act provides for maximum fines for placing on the market, making available or using such AI systems. For more information on prohibited AI systems, see the EC Guidelines.
Relevant Article: 5, recitals 29, 30, 31, 32, 33
Are AI systems for real-time remote biometric identification in publicly accessible areas for the purposes of prevention, detection and investigation of crime also prohibited?
While these AI systems are classified as prohibited AI systems, Member States may exceptionally allow their use in national legislation, provided that the use of such AI systems is strictly limited and subject to prior judicial review. If national legislation allows the use of these AI systems, such systems are considered high-risk AI systems and must comply with the requirements applicable to them.
Slovenia does not have a regulatory exception allowing the use of real-time remote biometric identification AI systems in publicly accessible areas for the purposes of prevention, detection and investigation of crime, and therefore the use of these AI systems is prohibited in the RS.
Relevant Article: 5, recitals 32, 33, 34, 35, 36, 37, 38, 39