What EU AI Act - Prohibition on Biometric Categorisation AI Inferring Sensitive Attributes (Article 5(1)(g)) requires
EU AI Act (Regulation 2024/1689) Article 5(1)(g) prohibits the placing on the market, putting into service, or use of AI systems that categorise natural persons individually based on their biometric data to deduce or infer their race, ethnic origin, political opinions, trade union membership, religious or philosophical beliefs, sex life, or sexual orientation; applicable from 2 February 2025 (prohibited practices became enforceable under Article 113); the prohibition targets AI systems that use biometric inputs - facial geometry, gait analysis, voice patterns, physiological signals, iris patterns - as a basis for inferring or predicting the sensitive personal attributes listed in Article 5(1)(g); the Article 5(1)(g) prohibition is distinct from Article 5(1)(h) real-time remote biometric identification - Article 5(1)(g) prohibits the categorisation of individuals into sensitive attribute groups from biometric data, while Article 5(1)(h) restricts real-time identification of specific persons in public spaces; prohibited systems include: AI systems that predict political affiliation or religious belief from facial images; AI that infers sexual orientation from photographs or video; AI that classifies individuals by racial or ethnic group from biometric characteristics; AI that predicts trade union membership from voice patterns or facial expressions; a narrow exception exists in Article 5(1)(g) for AI systems used for law enforcement purposes to categorise biometric data that has been lawfully obtained - specifically, biometric data lawfully obtained directly from a natural person or from the open internet or from other sources - but this exception is narrowly construed and subject to the applicable law enforcement data protection frameworks under Directive 2016/680 (Law Enforcement Directive); the prohibition applies to all providers placing such AI on the EU market and all deployers using such AI in the EU regardless of where the AI system itself is located.
Pillar: AI Governance & Law · Authority: European Parliament and Council of the EU · Version: 1.0.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32024R1689
SHA-256 integrity: c848517d7f44f782071a3d333896c71167ebe49ecfcb60a53b5cff89ebbe503c
Primary Citations — 5 traced to source
- Regulation (EU) 2024/1689 - EU AI Act: Article 5(1)(g) - Prohibition on Biometric Categorisation AI Inferring Sensitive Attributes
- Regulation (EU) 2024/1689 - EU AI Act: Article 3 - Definitions
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