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Article 5(1)(d)

CurrentFrom 2 Feb 2025

Do Not Predict Individual Criminal Risk Solely From Profiling or Personality Characteristics

Applies to Provider; Deployer.

Actors
ProviderDeployer
Context
Law Enforcement
Themes
Governance & Accountability

Tracker Guidance

Your organization should not use AI to assess or predict an individual's risk of committing a criminal offence solely on the basis of profiling or personality traits and characteristics. The prohibition does not prevent AI from supporting a human assessment that is already based on objective and verifiable facts directly linked to criminal activity.

Official text

Article 5(1)(d)Official source
(d) the placing on the market, the putting into service for this specific purpose, or the use of an AI system for making risk assessments of natural persons in order to assess or predict 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; this prohibition shall not apply to AI systems used to support the human assessment of the involvement of a person in a criminal activity, which is already based on objective and verifiable facts directly linked to a criminal activity;

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Article 5(1)(d): Do Not Predict Individual Criminal Risk Solely From Profiling or Personality Characteristics | EU AI Act Library