All of the following may be permissible uses of an Al system under the EU Al Act EXCEPT?

The EU AI Act employs a risk-based approach, categorizing AI systems into different tiers. The use of AI for social scoring by public authorities is explicitly placed in the "unacceptable risk" category and is therefore prohibited under Article 5 of the Act. This prohibition is based on the potential for such systems to lead to detrimental, unjustified, or disproportionate treatment, which conflicts with fundamental EU rights and values. In contrast, the other applications listed—law enforcement, welfare distribution, and border control—are classified as "high-risk." High-risk systems are permissible but are subject to strict legal obligations regarding risk management, data governance, transparency, and human oversight before they can be placed on the market.

A. AI systems for certain law enforcement purposes are classified as high-risk under Annex III of the EU AI Act, making them permissible if they meet strict compliance requirements.

B. AI used to evaluate eligibility for public assistance benefits is explicitly defined as a high-risk application in Annex III, meaning its use is permitted under stringent regulation.

D. AI systems for migration, asylum, and border control management are also designated as high-risk applications in Annex III and are therefore permissible, not prohibited.

1. European Parliament. (2024). Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008

(EU) No 167/2013

(EU) No 168/2013

(EU) 2018/858

(EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU

(EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act). Official Journal of the European Union

L series

2024/1689.

Article 5(1)(c): Explicitly prohibits "AI systems for the evaluation or classification of natural persons or groups of natural persons over a certain period of time based on their social behaviour or known

inferred or predicted personal or personality characteristics

with the social score leading to... detrimental or unfavourable treatment".

Annex III

Point 5(b): Lists AI systems for evaluating eligibility for public assistance benefits as high-risk.

Annex III

Point 6: Lists various AI systems for law enforcement purposes as high-risk.

Annex III

Point 7: Lists AI systems used in migration

asylum

and border control management as high-risk.

2. Stanford Institute for Human-Centered Artificial Intelligence (HAI). (2023). The EU AI Act: A Primer. Stanford University.

Section: "The EU AI Act’s Risk-Based Approach

" Subsection: "Unacceptable Risk." This section explains that the Act bans a small number of AI systems deemed to pose an "unacceptable risk

" with social scoring by public authorities being a primary example of a prohibited practice.