What EU AI Act - Prohibition on AI Individual Criminal Risk Assessment Based Solely on Profiling (Article 5(1)(d)) requires
EU AI Act (Regulation 2024/1689) Article 5(1)(d) prohibits AI systems used by or on behalf of competent authorities, or by Union institutions, bodies, offices or agencies, to make or assist in making individual risk assessments of natural persons in order to assess or predict the risk of a natural person committing a criminal offence - where the assessment is based solely on the profiling of a natural person or on assessing their personality traits and characteristics; applicable from 2 February 2025 per Article 113; the prohibition targets a specific category of predictive policing AI that generates individual criminal risk scores or classifications using only: (i) statistical profiling based on demographic, behavioural, or social characteristics without specific evidence of individual criminal intent; or (ii) personality trait or characteristic assessments without specific criminal intelligence; the prohibition does not prohibit AI systems used to assess risk based on specific factual indicators of criminal activity or specific intelligence linking an individual to criminal conduct - it prohibits assessments based solely on who a person is (their profile and characteristics), not assessments based on what a person has done or specific intelligence about what they may do; covered prohibited systems include: pure actuarial risk scoring tools that predict individual crime risk from demographic variables and social characteristics alone; AI that classifies individuals as high crime risk based on their network associations, past police contacts, or neighbourhood without specific evidential basis; personality-based threat assessment AI predicting criminal propensity from psychological trait assessments in the absence of specific criminal intelligence; the prohibition addresses a fundamental civil liberties concern that AI-driven profiling without specific evidence criminalises identity rather than conduct.
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: c8b380f7112d2f5788004b5a360b935397b167fb49540e4328537749accf9398
Primary Citations — 5 traced to source
- {"title":"Regulation (EU) 2024/1689 - EU AI Act: Article 5(1)(d) - Prohibition on AI Individual Criminal Risk Assessment Based Solely on Profiling","url":"https://eur-lex.europa.eu","relevance":"Primary EU AI Act prohibition provision establishing the ban on AI systems used by or on behalf of competent authorities that make or assist in individual criminal risk assessments based solely on profiling or personality trait assessment - Article 5(1)(d) is the definitive legal text of the prohibition, its scope (competent authorities and Union institutions), and the sole-profiling threshold that triggers the prohibition"}
- {"title":"Regulation (EU) 2024/1689 - EU AI Act: Article 113 - Entry into Force and Application Dates","url":"https://eur-lex.europa.eu","relevance":"EU AI Act application timeline confirming that Article 5 prohibited practices including the Article 5(1)(d) predictive policing prohibition became enforceable from 2 February 2025 - law enforcement authorities and AI providers must have ceased deploying prohibited sole-profiling criminal risk assessment AI by this date"}
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