Prohibited AI practice
Uses of AI that the EU has made completely illegal because they are considered too dangerous or unethical to allow under any circumstances.
The Simple Version
Uses of AI that the EU has made completely illegal because they are considered too dangerous or unethical to allow under any circumstances.
Detailed Explanation
Article 5 of the EU AI Act establishes an absolute prohibition on eight categories of AI practice, including subliminal manipulation, exploitation of vulnerabilities, real-time remote biometric identification in public spaces by law enforcement (with narrow exceptions), social scoring by public authorities, and AI-based prediction of criminal intent. These prohibitions applied from 2 February 2025, six months after the Act's entry into force. Violations carry the highest fine tier: up to €35 million or 7% of global annual turnover.
Key Characteristics
- Eight absolute prohibitions with no proportionality exception or risk-benefit balancing
- Prohibitions applied first, effective 2 February 2025
- Carries the highest penalty tier in the EU AI Act
- Covers both technical capabilities and intended use
Why It Matters
Product and legal teams must screen AI features against Article 5 at the design stage; shipping a capability later discovered to be prohibited exposes the organisation to the Act's highest fines.
Real-World Analogy
Like how certain chemical weapons are prohibited under the Chemical Weapons Convention regardless of military advantage, prohibited AI practices are banned outright regardless of commercial or operational justification.
Common Misconceptions
- Prohibited practices can be permitted with user consent, the prohibitions are absolute and cannot be overridden by individual consent.
- The prohibition on biometric surveillance bans all biometric AI, it specifically targets real-time remote identification in public spaces and contains limited law-enforcement exceptions.