
Guidelines on the EU AI Act’s prohibited AI practices
Yesterday, the EU Commission published the Guidelines on the EU AI Act’s prohibited AI practices. The Guidelines are non-binding, as interpretation of the AI Act may only be given by the Court of Justice of the European Union. However, it helps with understanding the AI Act more in depth.
The application and interpretation of Article 5 AI Act will always be done on a case-by-case basis, taking in account the specific situations of an individual case.
These Guidelines just provide indicative examples. Also, important to note is that prohibited practices cannot enjoy the exemption under 2(12) AI Act that applies to open-source and free license AI systems.
There are many interesting insights to gain from reading these guidelines. One regarding AI systems to infer emotions and the broad interpretation of biometric-data used for emotion recognition, biometric categorisation or other purposes:
“An AI system inferring emotions from written text (content/sentiment analyses) to define the style or the tone of a certain article is not based on biometric data and therefore does not fall within the scope of the prohibition”, while “an AI system inferring emotions from key stroke (way of typing), facial expressions, body postures or movements is based on biometric data and falls within the scope of the prohibition.
As there is much more to say about this document, a follow-up blog will come soon.