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EU AI Act - Prohibition on Social Scoring AI by Public Authorities (Article 5(1)(c))

EU AI Act (Regulation 2024/1689) Article 5(1)(c) prohibits the placing on the market, putting into service, or use of AI systems by public authorities, or…

What EU AI Act - Prohibition on Social Scoring AI by Public Authorities (Article 5(1)(c)) requires

EU AI Act (Regulation 2024/1689) Article 5(1)(c) prohibits the placing on the market, putting into service, or use of AI systems by public authorities, or on their behalf, that evaluate or classify natural persons or groups of persons over a period of time based on their social behaviour or known, inferred, or predicted personal or personality characteristics, where that evaluation leads to: (1) detrimental or unfavourable treatment of those persons in social contexts unrelated to the context in which the data was originally generated or collected; or (2) detrimental or unfavourable treatment that is unjustified or disproportionate to the social behaviour or its gravity; applicable from 2 February 2025 (the date prohibited practices became enforceable under Article 113); the prohibition is absolute - Article 5(1)(c) contains no exceptions; covered AI systems include: citizen trust score platforms that aggregate behavioural data across multiple social domains (mobility, civic participation, financial conduct, online activity) to generate composite individual ratings; AI welfare eligibility systems that restrict access to public services based on inferred personality profiles or long-term behavioural histories; cross-agency AI platforms that share citizen behavioural scores between government departments for enforcement or priority purposes; the prohibition applies to public authorities directly deploying social scoring AI and to private entities - technology contractors, data analytics firms, behavioural analytics vendors - operating AI on behalf of public authorities; commercial credit scoring conducted by private banks applying established financial criteria to individual lending decisions within a single domain is not prohibited under Article 5(1)(c) - the prohibition targets AI systems that evaluate persons across diverse social contexts over time based on general behavioural characteristics, not AI systems applying sector-specific legal or commercial criteria to individual transactions; the prohibition directly addresses AI-powered systems analogous to the People's Republic of China social credit system but applies equally to any public authority AI system meeting the Article 5(1)(c) definitional criteria regardless of political context.

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: 9c562d93e38e06b95eb732cd666868dc076a0f2e80455291419b070f0ae70c1b

Primary Citations — 5 traced to source

  • {"title":"Regulation (EU) 2024/1689 - EU AI Act: Article 5(1)(c) - Prohibition on Social Scoring AI by Public Authorities","url":"https://eur-lex.europa.eu","relevance":"Primary EU AI Act prohibition provision establishing the absolute ban on social scoring AI systems deployed by or on behalf of public authorities - Article 5(1)(c) is the definitive legal text establishing the prohibition's scope (social behaviour, personal characteristics, over a period of time), the two forms of detrimental treatment that trigger the prohibition, and the applicability to private entities acting on public authority mandate"}
  • {"title":"Regulation (EU) 2024/1689 - EU AI Act: Article 3 - Definitions","url":"https://eur-lex.europa.eu","relevance":"EU AI Act definitions applicable to Article 5(1)(c) - Article 3 definitions of AI system, natural persons, and relevant concepts determine the scope of the social scoring prohibition including what constitutes a covered AI system and which entities fall within the 'public authority' scope of the prohibition"}

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