CDT Europe’s assessment of the AI Office’s guidelines on prohibited AI practices
One of the AI Act’s most notable – and unique – features is the outlawing of specific AI practices deemed to pose an unacceptable risk to the safety, livelihoods and rights of people. The AI Act prohibits eight types of AI systems from being put into service, made available or used in the EU market, creating red lines for developers and deployers alike. Building on these provisions, the European Commission published this year targeted guidelines to clarify the scope and interpretation of the prohibitions, following a public consultation to which CDT Europe also provided feedback.
While the guidelines are non-binding, they nevertheless represent an important early blueprint that will serve Member States, providers and deployers of AI systems as well as fundamental rights advocates as crucial guidance in the AI Act’s implementation phase.
In the document below, we provide an assessment of the AI Act’s prohibited practices in light of the guidelines’ contribution. We note the guidelines’ overall positive contribution to the interpretation of the AI Act, as well as some areas where the prohibitions could be further clarified or could have benefitted from a stronger, fundamental-rights-based interpretation.
