### (2) artificial intelligence systems (ai systems) can be easily deployed in multiple sectors of the economy and society , including cross border , and circulate throughout the union. certain member states have already explored the adoption of national rules to ensure that artificial intelligence is safe and is developed and used in compliance with fundamental rights obligations. differing national rules may lead to fragmentation of the internal market and decrease legal certainty for operators that develop or use ai systems. a consistent and high level of protection throughout the union should therefore be ensured , while divergences hampering the free circulation of ai systems and related products and services within the internal market should be prevented , by laying down uniform obligations for operators and guaranteeing the uniform protection of overriding reasons of public interest and of rights of persons throughout the internal market based on article 114 of the treaty on the functioning of the european union (tfeu). to the extent that this regulation contains specific rules on the protection of individuals with regard to the processing of personal data concerning restrictions of the use of ai systems for ‘real-time’ remote biometric identification in publicly accessible spaces for the purpose of law enforcement , it is appropriate to base this regulation , in as far as those specific rules are concerned , on article 16 of the tfeu. in light of those specific rules and the recourse to article 16 tfeu , it is appropriate to consult the european data protection board. ### (2) artificial intelligence systems (ai systems) can be easily deployed in multiple sectors of the economy and society , including cross border , and circulate throughout the union. certain member states have already explored the adoption of national rules to ensure that artificial intelligence is safe and is developed and used in compliance with fundamental rights obligations. differing national rules may lead to fragmentation of the internal market and decrease legal certainty for operators that develop or use ai systems. a consistent and high level of protection throughout the union should therefore be ensured , while divergences hampering the free circulation of ai systems and related products and services within the internal market should be prevented , by laying down uniform obligations for operators and guaranteeing the uniform protection of overriding reasons of public interest and of rights of persons throughout the internal market based on article 114 of the treaty on the functioning of the european union (tfeu). as ai systems rely on the processing of large volumes of data , including personal data , it is appropriate to base this regulation on article 16 of the tfeu , which enshrines the right of everyone to the protection of personal data concerning them and provides for the adoption of rules on the protection of individuals with regard to the processing of personal data. in light of the recourse to article 16 tfeu , it is appropriate to consult the european data protection board.


### (2) artificial intelligence systems (ai systems) can be easily deployed in multiple sectors of the economy and society , including cross border , and circulate throughout the union. certain member states have already explored the adoption of national rules to ensure that artificial intelligence is safe and is developed and used in compliance with fundamental rights obligations. differing national rules may lead to fragmentation of the internal market and decrease legal certainty for operators that develop or use ai systems. a consistent and high level of protection throughout the union should therefore be ensured , while divergences hampering the free circulation of ai systems and related products and services within the internal market should be prevented , by laying down uniform obligations for operators and guaranteeing the uniform protection of overriding reasons of public interest and of rights of persons throughout the internal market based on article 114 of the treaty on the functioning of the european union (tfeu). to the extent that this regulation contains specific rules on the protection of individuals with regard to the processing of personal data concerning restrictions of the use of ai systems for ‘real-time’ remote biometric identification in publicly accessible spaces for the purpose of law enforcement , it is appropriate to base this regulation , in as far as those specific rules are concerned , on article 16 of the tfeu. in light of those specific rules and the recourse to article 16 tfeu , it is appropriate to consult the european data protection board. ### (2) artificial intelligence systems (ai systems) can be easily deployed in multiple sectors of the economy and society , including cross border , and circulate throughout the union. certain member states have already explored the adoption of national rules to ensure that artificial intelligence is safe and is developed and used in compliance with fundamental rights obligations. differing national rules may lead to fragmentation of the internal market and decrease legal certainty for operators that develop or use ai systems. a consistent and high level of protection throughout the union should therefore be ensured , while divergences hampering the free circulation of ai systems and related products and services within the internal market should be prevented , by laying down uniform obligations for operators and guaranteeing the uniform protection of overriding reasons of public interest and of rights of persons , end users and end recipients throughout the internal market based on article 114 of the treaty on the functioning of the european union (tfeu). to the extent that this regulation contains specific rules on the protection of individuals with regard to the processing of personal data concerning restrictions of the use of ai systems for ‘real-time’ remote biometric identification in publicly accessible spaces for the purpose of law enforcement , it is appropriate to base this regulation , in as far as those specific rules are concerned , on article 16 of the tfeu. in light of those specific rules and the recourse to article 16 tfeu , it is appropriate to consult the european data protection board.


### (2) artificial intelligence systems (ai systems) can be easily deployed in multiple sectors of the economy and society , including cross border , and circulate throughout the union. certain member states have already explored the adoption of national rules to ensure that artificial intelligence is safe and is developed and used in compliance with fundamental rights obligations. differing national rules may lead to fragmentation of the internal market and decrease legal certainty for operators that develop or use ai systems. a consistent and high level of protection throughout the union should therefore be ensured , while divergences hampering the free circulation of ai systems and related products and services within the internal market should be prevented , by laying down uniform obligations for operators and guaranteeing the uniform protection of overriding reasons of public interest and of rights of persons throughout the internal market based on article 114 of the treaty on the functioning of the european union (tfeu). to the extent that this regulation contains specific rules on the protection of individuals with regard to the processing of personal data concerning restrictions of the use of ai systems for ‘real-time’ remote biometric identification in publicly accessible spaces for the purpose of law enforcement , it is appropriate to base this regulation , in as far as those specific rules are concerned , on article 16 of the tfeu. in light of those specific rules and the recourse to article 16 tfeu , it is appropriate to consult the european data protection board. ### (2) artificial intelligence systems (ai systems) can be easily deployed in multiple sectors of the economy and society , including cross border , and circulate throughout the union. certain member states have already explored the adoption of national rules to ensure that artificial intelligence is trustworthy and safe and is developed and used in compliance with fundamental rights obligations. differing national rules may lead to fragmentation of the internal market and decrease legal certainty for operators that develop or use ai systems. a consistent and high level of protection throughout the union should therefore be ensured in order to achieve trustworthy ai , while divergences hampering the free circulation of ai systems and related products and services within the internal market should be prevented , by laying down uniform obligations for developers , deployers and users and guaranteeing the uniform protection of overriding reasons of public interest and of rights of persons throughout the internal market based on article 114 of the treaty on the functioning of the european union (tfeu). to the extent that this regulation contains specific rules on the protection of individuals with regard to the processing of personal data concerning restrictions of the use of ai systems for ‘real-time’ remote biometric identification in publicly accessible spaces for the purpose of law enforcement , it is appropriate to base this regulation , in as far as those specific rules are concerned , on article 16 of the tfeu. in light of those specific rules and the recourse to article 16 tfeu , it is appropriate to consult the european data protection board.


### (2) artificial intelligence systems (ai systems) can be easily deployed in multiple sectors of the economy and society , including cross border , and circulate throughout the union. certain member states have already explored the adoption of national rules to ensure that artificial intelligence is safe and is developed and used in compliance with fundamental rights obligations. differing national rules may lead to fragmentation of the internal market and decrease legal certainty for operators that develop or use ai systems. a consistent and high level of protection throughout the union should therefore be ensured , while divergences hampering the free circulation of ai systems and related products and services within the internal market should be prevented , by laying down uniform obligations for operators and guaranteeing the uniform protection of overriding reasons of public interest and of rights of persons throughout the internal market based on article 114 of the treaty on the functioning of the european union (tfeu). to the extent that this regulation contains specific rules on the protection of individuals with regard to the processing of personal data concerning restrictions of the use of ai systems for ‘real-time’ remote biometric identification in publicly accessible spaces for the purpose of law enforcement , it is appropriate to base this regulation , in as far as those specific rules are concerned , on article 16 of the tfeu. in light of those specific rules and the recourse to article 16 tfeu , it is appropriate to consult the european data protection board. ### (2) artificial intelligence systems (ai systems) can be easily deployed in multiple sectors of the economy and society , including cross border , and circulate throughout the union. certain member states have already explored the adoption of national rules to ensure that artificial intelligence is trustworthy and safe and is developed and used in compliance with fundamental rights obligations. differing national rules may lead to fragmentation of the internal market and decrease legal certainty for operators that develop or use ai systems. a consistent and high level of protection throughout the union should therefore be ensured in order to achieve trustworthy ai , while divergences hampering the free circulation of ai systems and related products and services within the internal market should be prevented , by laying down uniform obligations for operators and guaranteeing the uniform protection of overriding reasons of public interest and of rights of persons throughout the internal market based on article 114 of the treaty on the functioning of the european union (tfeu). to the extent that this regulation contains specific rules on the protection of individuals with regard to the processing of personal data concerning restrictions of the use of ai systems for ‘real-time’ remote biometric identification in publicly accessible spaces for the purpose of law enforcement , it is appropriate to base this regulation , in as far as those specific rules are concerned , on article 16 of the tfeu. in light of those specific rules and the recourse to article 16 tfeu , it is appropriate to consult the european data protection board.


### (3) artificial intelligence is a fast evolving family of technologies that can contribute to a wide array of economic and societal benefits across the entire spectrum of industries and social activities. by improving prediction , optimising operations and resource allocation , and personalising digital solutions available for individuals and organisations , the use of artificial intelligence can provide key competitive advantages to companies and support socially and environmentally beneficial outcomes , for example in healthcare , farming , education and training , infrastructure management , energy , transport and logistics , public services , security , justice , resource and energy efficiency , and climate change mitigation and adaptation. ### (3) artificial intelligence is a fast evolving family of technologies that can contribute to a wide array of economic and societal benefits across the entire spectrum of industries and social activities if developed in accordance with ethical principles. by improving prediction , optimising operations and resource allocation , and personalising digital solutions available for individuals and organisations , the use of artificial intelligence can provide key competitive advantages to companies and support socially and environmentally beneficial outcomes , for example in healthcare , farming , education and training , culture , infrastructure , management , energy , transport and logistics , public services , security , justice , resource and energy efficiency , and climate change mitigation and adaptation.


### (3) artificial intelligence is a fast evolving family of technologies that can contribute to a wide array of economic and societal benefits across the entire spectrum of industries and social activities. by improving prediction , optimising operations and resource allocation , and personalising digital solutions available for individuals and organisations , the use of artificial intelligence can provide key competitive advantages to companies and support socially and environmentally beneficial outcomes , for example in healthcare , farming , education and training , infrastructure management , energy , transport and logistics , public services , security , justice , resource and energy efficiency , and climate change mitigation and adaptation. ### (3) artificial intelligence is a fast evolving family of technologies that can contribute to a wide array of economic and societal benefits across the entire spectrum of industries and social activities. by improving prediction , optimising operations and resource allocation , and personalising digital solutions available for individuals and organisations , the use of artificial intelligence can provide key competitive advantages to companies and support socially and environmentally beneficial outcomes , for example in healthcare , farming , culture , education and training , infrastructure management , energy , transport and logistics , public services , security , justice , resource and energy efficiency , and climate change mitigation and adaptation.


### (3) artificial intelligence is a fast evolving family of technologies that can contribute to a wide array of economic and societal benefits across the entire spectrum of industries and social activities. by improving prediction , optimising operations and resource allocation , and personalising digital solutions available for individuals and organisations , the use of artificial intelligence can provide key competitive advantages to companies and support socially and environmentally beneficial outcomes , for example in healthcare , farming , education and training , infrastructure management , energy , transport and logistics , public services , security , justice , resource and energy efficiency , and climate change mitigation and adaptation. ### (3) artificial intelligence is a fast evolving family of technologies that can contribute to a wide array of economic , environmental and societal benefits across the entire spectrum of industries and social activities. by improving prediction , optimising operations and resource allocation , and personalising digital solutions available for individuals and organisations , the use of artificial intelligence can provide key competitive advantages to companies and support socially and environmentally beneficial outcomes , for example in healthcare , farming and food safety , education and training ,infrastructure management , energy , transport and logistics , public services , security , justice , resource and energy efficiency , and climate change mitigation and adaptation.


### (3) artificial intelligence is a fast evolving family of technologies that can contribute to a wide array of economic and societal benefits across the entire spectrum of industries and social activities. by improving prediction , optimising operations and resource allocation , and personalising digital solutions available for individuals and organisations , the use of artificial intelligence can provide key competitive advantages to companies and support socially and environmentally beneficial outcomes , for example in healthcare , farming , education and training , infrastructure management , energy , transport and logistics , public services , security , justice , resource and energy efficiency , and climate change mitigation and adaptation. ### (3) artificial intelligence is a fast evolving family of technologies that can contribute to a wide array of economic and societal benefits across the entire spectrum of industries and social activities if developed in accordance with relevant ethical principles. by improving prediction , optimising operations and resource allocation , and personalising digital solutions available for individuals and organisations , the use of artificial intelligence can provide key competitive advantages to companies and support socially and environmentally beneficial outcomes , for example in healthcare , farming , education and training , infrastructure management , energy , transport and logistics , public services , security , justice , resource and energy efficiency , and climate change mitigation and adaptation.


### (4) at the same time , depending on the circumstances regarding its specific application and use , artificial intelligence may generate risks and cause harm to public interests and rights that are protected by union law. such harm might be material or immaterial. ### (4) at the same time , depending on the circumstances regarding its specific application and use , as well as the level of technological development , artificial intelligence may generate risks and cause harm to public interests and rights that are protected by union law. such harm might be material or immaterial , including physical , psychological , societal or economic harm.


### (4) at the same time , depending on the circumstances regarding its specific application and use , artificial intelligence may generate risks and cause harm to public interests and rights that are protected by union law. such harm might be material or immaterial. ### (4) at the same time , depending on the circumstances regarding its specific application and use , artificial intelligence may generate risks and cause harm to public interests and rights that are protected by union law including climate and the environment. such harm might be material or immaterial.


### (4) at the same time , depending on the circumstances regarding its specific application and use , artificial intelligence may generate risks and cause harm to public interests and rights that are protected by union law. such harm might be material or immaterial. ### (4) at the same time , depending on the circumstances regarding its specific application and use , artificial intelligence may generate risks and cause harm to public interests and rights that are protected by union law. such harm might be material or immaterial and might affect one or more persons , a groups of persons or society as a whole.


### (8) the notion of remote biometric identification system as used in this regulation should be defined functionally , as an ai system intended for the identification of natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database , and without prior knowledge whether the targeted person will be present and can be identified , irrespectively of the particular technology , processes or types of biometric data used. considering their different characteristics and manners in which they are used , as well as the different risks involved , a distinction should be made between ‘real-time’ and ‘post’ remote biometric identification systems. in the case of ‘real-time’ systems , the capturing of the biometric data , the comparison and the identification occur all instantaneously , near-instantaneously or in any event without a significant delay. in this regard , there should be no scope for circumventing the rules of this regulation on the ‘real-time’ use of the ai systems in question by providing for minor delays. ‘real-time’ systems involve the use of ‘live’ or ‘near-‘live’ material , such as video footage , generated by a camera or other device with similar functionality. in the case of ‘post’ systems , in contrast , the biometric data have already been captured and the comparison and identification occur only after a significant delay. this involves material , such as pictures or video footage generated by closed circuit television cameras or private devices , which has been generated before the use of the system in respect of the natural persons concerned. ### (8) the notion of biometric identification system as used in this regulation should be defined functionally , as an ai system performing automated recognition of physical , physiological , behavioural , and psychological human features , for the purpose of identification of natural persons through the comparison of a person’s biometric data with the biometric data contained in a reference database , irrespectively of the particular technology , processes or types of biometric data used.


### (8) the notion of remote biometric identification system as used in this regulation should be defined functionally , as an ai system intended for the identification of natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database , and without prior knowledge whether the targeted person will be present and can be identified , irrespectively of the particular technology , processes or types of biometric data used. considering their different characteristics and manners in which they are used , as well as the different risks involved , a distinction should be made between ‘real-time’ and ‘post’ remote biometric identification systems. in the case of ‘real-time’ systems , the capturing of the biometric data , the comparison and the identification occur all instantaneously , near-instantaneously or in any event without a significant delay. in this regard , there should be no scope for circumventing the rules of this regulation on the ‘real-time’ use of the ai systems in question by providing for minor delays. ‘real-time’ systems involve the use of ‘live’ or ‘near-‘live’ material , such as video footage , generated by a camera or other device with similar functionality. in the case of ‘post’ systems , in contrast , the biometric data have already been captured and the comparison and identification occur only after a significant delay. this involves material , such as pictures or video footage generated by closed circuit television cameras or private devices , which has been generated before the use of the system in respect of the natural persons concerned. ### (8) the notion of remote biometric identification system as used in this regulation should be defined functionally , as an ai system intended for the identification of natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database , and without prior knowledge whether the targeted person will be present and can be identified , irrespectively of the particular technology , processes or types of biometric data used.


### (9) for the purposes of this regulation the notion of publicly accessible space should be understood as referring to any physical place that is accessible to the public , irrespective of whether the place in question is privately or publicly owned. therefore , the notion does not cover places that are private in nature and normally not freely accessible for third parties , including law enforcement authorities , unless those parties have been specifically invited or authorised , such as homes , private clubs , offices , warehouses and factories. online spaces are not covered either , as they are not physical spaces. however , the mere fact that certain conditions for accessing a particular space may apply , such as admission tickets or age restrictions , does not mean that the space is not publicly accessible within the meaning of this regulation. consequently , in addition to public spaces such as streets , relevant parts of government buildings and most transport infrastructure , spaces such as cinemas , theatres , shops and shopping centres are normally also publicly accessible. whether a given space is accessible to the public should however be determined on a case-by-case basis , having regard to the specificities of the individual situation at hand. ### (9) for the purposes of this regulation the notion of publicly accessible space should be understood as referring to any physical place that is accessible to the public , irrespective of whether the place in question is privately or publicly owned. therefore , the notion does not cover places that are private in nature and normally not freely accessible for third parties , including law enforcement authorities , unless those parties have been specifically invited or authorised , such as homes , private clubs , offices , warehouses and factories. however , the mere fact that certain conditions for accessing a particular space may apply , such as admission tickets or age restrictions , does not mean that the space is not publicly accessible within the meaning of this regulation. consequently , in addition to public spaces such as streets , relevant parts of government buildings and most transport infrastructure , spaces such as cinemas , theatres , shops and shopping centres are normally also publicly accessible. whether a given space is accessible to the public should however be determined on a case-by-case basis , having regard to the specificities of the individual situation at hand.


### (14) in order to introduce a proportionate and effective set of binding rules for ai systems , a clearly defined risk-based approach should be followed. that approach should tailor the type and content of such rules to the intensity and scope of the risks that ai systems can generate. it is therefore necessary to prohibit certain artificial intelligence practices , to lay down requirements for high-risk ai systems and obligations for the relevant operators , and to lay down transparency obligations for certain ai systems. ### (14) in order to introduce a proportionate and effective set of binding rules for ai systems , a clearly defined risk-based approach should be followed. that approach should tailor the type and content of such rules to the intensity and scope of the risks that ai systems can generate. it is therefore necessary to prohibit certain unacceptable artificial intelligence practices , to lay down requirements for high-risk ai systems and obligations for the relevant operators , and to lay down transparency obligations for certain ai systems.


### (14) in order to introduce a proportionate and effective set of binding rules for ai systems , a clearly defined risk-based approach should be followed. that approach should tailor the type and content of such rules to the intensity and scope of the risks that ai systems can generate. it is therefore necessary to prohibit certain artificial intelligence practices , to lay down requirements for high-risk ai systems and obligations for the relevant operators , and to lay down transparency obligations for certain ai systems. ### (14) in order to introduce a proportionate and effective set of binding rules based on ethical principles for ai systems , a clearly defined risk-based approach should be followed. that approach should tailor the type and content of such rules to the intensity and scope of the risks that ai systems can generate. it is therefore necessary to prohibit certain artificial intelligence practices , to lay down requirements for high-risk ai systems and obligations for the relevant operators , and to lay down transparency obligations for certain ai systems. with regard to transparency and human oversight obligations , member states should be able to adopt further national measures to complement them without changing their harmonising nature.


### (14) in order to introduce a proportionate and effective set of binding rules for ai systems , a clearly defined risk-based approach should be followed. that approach should tailor the type and content of such rules to the intensity and scope of the risks that ai systems can generate. it is therefore necessary to prohibit certain artificial intelligence practices , to lay down requirements for high-risk ai systems and obligations for the relevant operators , and to lay down transparency obligations for certain ai systems. ### (14) in order to introduce a proportionate and effective set of binding rules for ai systems , a clearly defined risk-based approach should be followed. that approach should tailor the type and content of such rules to the intensity and scope of the risks that ai systems can generate. it is therefore necessary to prohibit certain artificial intelligence practices , to lay down requirements for high-risk ai systems and obligations for the relevant operators , and to lay down transparency obligations for certain ai systems. with regard to transparency and human oversight obligations , member states should be able to adopt further national measures to complement them without changing their harmonising nature.


### (15) aside from the many beneficial uses of artificial intelligence , that technology can also be misused and provide novel and powerful tools for manipulative , exploitative and social control practices. such practices are particularly harmful and should be prohibited because they contradict union values of respect for human dignity , freedom , equality , democracy and the rule of law and union fundamental rights , including the right to non-discrimination , data protection and privacy and the rights of the child. ### (15) aside from the many beneficial uses of artificial intelligence , that technology can also be misused and provide novel and powerful tools for manipulative , exploitative and social control practices. such practices are particularly harmful and should be prohibited because they contradict union values of respect for human dignity , freedom , equality , democracy and the rule of law and union fundamental rights , including the right to non-discrimination , data protection and privacy , gender equality and the rights of the child.


### (16) the placing on the market , putting into service or use of certain ai systems intended to distort human behaviour , whereby physical or psychological harms are likely to occur , should be forbidden. such ai systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age , physical or mental incapacities. they do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. the intention may not be presumed if the distortion of human behaviour results from factors external to the ai system which are outside of the control of the provider or the user. research for legitimate purposes in relation to such ai systems should not be stifled by the prohibition , if such research does not amount to use of the ai system in human-machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research. ### (16) the development , deployment or use of certain ai systems used to distort human behaviour , whereby physical or psychological harms are likely to occur , should be forbidden. such ai systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age , physical or mental incapacities. they do so by materially distorting the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. research for legitimate purposes in relation to such ai systems should not be stifled by the prohibition , if such research does not amount to use of the ai system in human-machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research. .


### (16) the placing on the market , putting into service or use of certain ai systems intended to distort human behaviour , whereby physical or psychological harms are likely to occur , should be forbidden. such ai systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age , physical or mental incapacities. they do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. the intention may not be presumed if the distortion of human behaviour results from factors external to the ai system which are outside of the control of the provider or the user. research for legitimate purposes in relation to such ai systems should not be stifled by the prohibition , if such research does not amount to use of the ai system in human-machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research. ### (16) the placing on the market , putting into service or use of certain ai systems with the effect or likely effect of distorting human behaviour , whereby material or non-material harm , including physical , psychological or economic harms are likely to occur , should be forbidden. this limitation should be understood to include neuro-technologies assisted by ai systems that are used to monitor , use , or influence neural data gathered through brain-computer interfaces. such ai systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age , physical or mental incapacities. they do so with the effect of materially distorting the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. research for legitimate purposes in relation to such ai systems should not be stifled by the prohibition , if such research does not amount to use of the ai system in human-machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.


### (16) the placing on the market , putting into service or use of certain ai systems intended to distort human behaviour , whereby physical or psychological harms are likely to occur , should be forbidden. such ai systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age , physical or mental incapacities. they do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. the intention may not be presumed if the distortion of human behaviour results from factors external to the ai system which are outside of the control of the provider or the user. research for legitimate purposes in relation to such ai systems should not be stifled by the prohibition , if such research does not amount to use of the ai system in human-machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research. ### (16) the placing on the market , putting into service or use of certain ai systems intended to distort human behaviour , whereby physical or psychological harms are likely to occur , should be forbidden. such ai systems deploy subliminal components individuals cannot perceive , access brain or brain-generated data without consent , or exploit vulnerabilities of children and people due to their age , physical or mental incapacities. they do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. the intention may not be presumed if the distortion of human behaviour results from factors external to the ai system which are outside of the control of the provider or the user. research for legitimate purposes in relation to such ai systems should not be stifled by the prohibition , if such research does not amount to use of the ai system in human-machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.


### (16) the placing on the market , putting into service or use of certain ai systems intended to distort human behaviour , whereby physical or psychological harms are likely to occur , should be forbidden. such ai systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age , physical or mental incapacities. they do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. the intention may not be presumed if the distortion of human behaviour results from factors external to the ai system which are outside of the control of the provider or the user. research for legitimate purposes in relation to such ai systems should not be stifled by the prohibition , if such research does not amount to use of the ai system in human-machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research. ### (16) the development , deployment or use of certain ai systems used to distort human behaviour , whereby physical or psychological harms are likely to occur , should be forbidden. such ai systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age , physical or mental incapacities. they do so by materially distorting the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. research for legitimate purposes in relation to such ai systems should not be stifled by the prohibition , if such research does not amount to use of the ai system in human-machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.


### (16) the placing on the market , putting into service or use of certain ai systems intended to distort human behaviour , whereby physical or psychological harms are likely to occur , should be forbidden. such ai systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age , physical or mental incapacities. they do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. the intention may not be presumed if the distortion of human behaviour results from factors external to the ai system which are outside of the control of the provider or the user. research for legitimate purposes in relation to such ai systems should not be stifled by the prohibition , if such research does not amount to use of the ai system in human-machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research. ### (16) the placing on the market , putting into service or use of certain ai systems intended to distort human behaviour , whereby economic , physical or psychological harms are likely to occur , should be forbidden. this limitation should be understood to include neuro-technologies assisted by ai systems that are used to monitor , use , or influence neural data gathered through brain-computer interfaces for pecuniary purposes. such ai systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age , physical or mental incapacities. they do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. the intention may not be presumed if the distortion of human behaviour results from factors external to the ai system which are outside of the control of the provider or the user. research for legitimate purposes in relation to such ai systems should not be stifled by the prohibition , if such research does not amount to use of the ai system in human-machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.


### (16) the placing on the market , putting into service or use of certain ai systems intended to distort human behaviour , whereby physical or psychological harms are likely to occur , should be forbidden. such ai systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age , physical or mental incapacities. they do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. the intention may not be presumed if the distortion of human behaviour results from factors external to the ai system which are outside of the control of the provider or the user. research for legitimate purposes in relation to such ai systems should not be stifled by the prohibition , if such research does not amount to use of the ai system in human-machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research. ### (16) the development , deployment or use of certain ai systems used to distort human behaviour , whereby physical or psychological harms are likely to occur , should be forbidden. such ai systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age , physical or mental incapacities. they do so by materially distorting the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. the intention may not be presumed if the distortion of human behaviour results from factors external to the ai system which are outside of the control of the provider or the user. research for legitimate purposes in relation to such ai systems should not be stifled by the prohibition , if such research does not amount to use of the ai system in human-machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.


### (17) ai systems providing social scoring of natural persons for general purpose by public authorities or on their behalf may lead to discriminatory outcomes and the exclusion of certain groups. they may violate the right to dignity and non-discrimination and the values of equality and justice. such ai systems evaluate or classify the trustworthiness of natural persons based on their social behaviour in multiple contexts or known or predicted personal or personality characteristics. the social score obtained from such ai systems may lead to the detrimental or unfavourable treatment of natural persons or whole groups thereof in social contexts , which are unrelated to the context in which the data was originally generated or collected or to a detrimental treatment that is disproportionate or unjustified to the gravity of their social behaviour. such ai systems should be therefore prohibited. ### (17) ai systems providing social scoring of natural persons for general purpose by private or public authorities or on their behalf may lead to discriminatory outcomes and the exclusion of certain groups. they may violate the right to dignity and non-discrimination and the values of equality and justice. such ai systems evaluate or classify the trustworthiness of natural persons based on their social behaviour in multiple contexts or known or predicted personal or personality characteristics. such ai systems should be therefore prohibited.


### (17) ai systems providing social scoring of natural persons for general purpose by public authorities or on their behalf may lead to discriminatory outcomes and the exclusion of certain groups. they may violate the right to dignity and non-discrimination and the values of equality and justice. such ai systems evaluate or classify the trustworthiness of natural persons based on their social behaviour in multiple contexts or known or predicted personal or personality characteristics. the social score obtained from such ai systems may lead to the detrimental or unfavourable treatment of natural persons or whole groups thereof in social contexts , which are unrelated to the context in which the data was originally generated or collected or to a detrimental treatment that is disproportionate or unjustified to the gravity of their social behaviour. such ai systems should be therefore prohibited. ### (17) ai systems providing social scoring of natural persons for general purpose may lead to discriminatory outcomes and the exclusion of certain groups. they may violate the right to dignity and non-discrimination and the values of equality and justice. such ai systems evaluate or classify the trustworthiness of natural persons based on their social behaviour in multiple contexts or known or predicted personal or personality characteristics. the social score obtained from such ai systems may lead to the detrimental or unfavourable treatment of natural persons or whole groups thereof in social contexts , which are unrelated to the context in which the data was originally generated or collected or to a detrimental treatment that is disproportionate or unjustified to the gravity of their social behaviour. such ai systems should be therefore prohibited.


### (17) ai systems providing social scoring of natural persons for general purpose by public authorities or on their behalf may lead to discriminatory outcomes and the exclusion of certain groups. they may violate the right to dignity and non-discrimination and the values of equality and justice. such ai systems evaluate or classify the trustworthiness of natural persons based on their social behaviour in multiple contexts or known or predicted personal or personality characteristics. the social score obtained from such ai systems may lead to the detrimental or unfavourable treatment of natural persons or whole groups thereof in social contexts , which are unrelated to the context in which the data was originally generated or collected or to a detrimental treatment that is disproportionate or unjustified to the gravity of their social behaviour. such ai systems should be therefore prohibited. ### (17) ai systems providing social scoring of natural persons , assessing the risk of natural person for offending or reoffending , or categorising persons based on biometrics or biometrics-based data , may lead to discriminatory outcomes and the exclusion of certain groups. they may violate the right to dignity and non-discrimination and the values of equality and justice. such ai systems evaluate or classify the trustworthiness of natural persons based on their social behaviour in multiple contexts or known or predicted personal or personality characteristics. the social score or risk assessment obtained from such ai systems may lead to the detrimental or unfavourable treatment of natural persons or whole groups thereof in social and legal contexts , which are unrelated to the context in which the data was originally generated or collected or to a detrimental treatment that is disproportionate or unjustified to the gravity of their social behaviour. such ai systems should be therefore prohibited.


### (24) any processing of biometric data and other personal data involved in the use of ai systems for biometric identification , other than in connection to the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement as regulated by this regulation , including where those systems are used by competent authorities in publicly accessible spaces for other purposes than law enforcement , should continue to comply with all requirements resulting from article 9(1) of regulation (eu) 2016/679 , article 10(1) of regulation (eu) 2018/1725 and article 10 of directive (eu) 2016/680 , as applicable. ### (24) any processing of biometric data and other personal data involved in the use of ai systems , should continue to comply with all requirements resulting from article 9(1) of regulation (eu) 2016/679 , article 10(1) of regulation (eu) 2018/1725 and article 10 of directive (eu) 2016/680 , as applicable.


### (28) ai systems could produce adverse outcomes to health and safety of persons , in particular when such systems operate as components of products. consistently with the objectives of union harmonisation legislation to facilitate the free movement of products in the internal market and to ensure that only safe and otherwise compliant products find their way into the market , it is important that the safety risks that may be generated by a product as a whole due to its digital components , including ai systems , are duly prevented and mitigated. for instance , increasingly autonomous robots , whether in the context of manufacturing or personal assistance and care should be able to safely operate and performs their functions in complex environments. similarly , in the health sector where the stakes for life and health are particularly high , increasingly sophisticated diagnostics systems and systems supporting human decisions should be reliable and accurate. the extent of the adverse impact caused by the ai system on the fundamental rights protected by the charter is of particular relevance when classifying an ai system as high-risk. those rights include the right to human dignity , respect for private and family life , protection of personal data , freedom of expression and information , freedom of assembly and of association , and non-discrimination , consumer protection , workers’ rights , rights of persons with disabilities , right to an effective remedy and to a fair trial , right of defence and the presumption of innocence , right to good administration. in addition to those rights , it is important to highlight that children have specific rights as enshrined in article 24 of the eu charter and in the united nations convention on the rights of the child (further elaborated in the uncrc general comment no. 25 as regards the digital environment) , both of which require consideration of the children’s vulnerabilities and provision of such protection and care as necessary for their well-being. the fundamental right to a high level of environmental protection enshrined in the charter and implemented in union policies should also be considered when assessing the severity of the harm that an ai system can cause , including in relation to the health and safety of persons. ### (28) ai systems could produce adverse outcomes to health and safety of persons , in particular when such systems operate as components of products. consistently with the objectives of union harmonisation legislation to facilitate the free movement of products in the internal market and to ensure that only safe and otherwise compliant products find their way into the market , it is important that the safety risks that may be generated by a product as a whole due to its digital components , including ai systems , are duly prevented and mitigated. for instance , increasingly autonomous robots , whether in the context of manufacturing or personal assistance and care should be able to safely operate and performs their functions in complex environments. similarly , in the health sector where the stakes for life and health are particularly high , increasingly sophisticated diagnostics systems and systems supporting human decisions should be reliable and accurate. the extent of the adverse impact caused by the ai system on the fundamental rights protected by the charter is of particular relevance when classifying an ai system as high-risk. those rights include the right to human dignity , respect for private and family life , protection of personal data , freedom of expression and information , freedom of assembly and of association , and non-discrimination , right to education , consumer protection , workers’ rights. special attention should be paid to gender equality , rights of persons with disabilities , right to an effective remedy and to a fair trial , right of defence and the presumption of innocence , right to good administration , protection of intellectual property rights and ensuring cultural diversity. in addition to those rights , it is important to highlight that children have specific rights as enshrined in article 24 of the eu charter and in the united nations convention on the rights of the child (further elaborated in the uncrc general comment no. 25 as regards the digital environment) , both of which require consideration of the children’s vulnerabilities and provision of such protection and care as necessary for their well-being. the fundamental right to a high level of environmental protection enshrined in the charter and implemented in union policies should also be considered when assessing the harm that an ai system can cause , including in relation to the health and safety of persons or to the environment , due to the extraction and consumption of natural resources , waste and the carbon footprint.


### (28) ai systems could produce adverse outcomes to health and safety of persons , in particular when such systems operate as components of products. consistently with the objectives of union harmonisation legislation to facilitate the free movement of products in the internal market and to ensure that only safe and otherwise compliant products find their way into the market , it is important that the safety risks that may be generated by a product as a whole due to its digital components , including ai systems , are duly prevented and mitigated. for instance , increasingly autonomous robots , whether in the context of manufacturing or personal assistance and care should be able to safely operate and performs their functions in complex environments. similarly , in the health sector where the stakes for life and health are particularly high , increasingly sophisticated diagnostics systems and systems supporting human decisions should be reliable and accurate. the extent of the adverse impact caused by the ai system on the fundamental rights protected by the charter is of particular relevance when classifying an ai system as high-risk. those rights include the right to human dignity , respect for private and family life , protection of personal data , freedom of expression and information , freedom of assembly and of association , and non-discrimination , consumer protection , workers’ rights , rights of persons with disabilities , right to an effective remedy and to a fair trial , right of defence and the presumption of innocence , right to good administration. in addition to those rights , it is important to highlight that children have specific rights as enshrined in article 24 of the eu charter and in the united nations convention on the rights of the child (further elaborated in the uncrc general comment no. 25 as regards the digital environment) , both of which require consideration of the children’s vulnerabilities and provision of such protection and care as necessary for their well-being. the fundamental right to a high level of environmental protection enshrined in the charter and implemented in union policies should also be considered when assessing the severity of the harm that an ai system can cause , including in relation to the health and safety of persons. ### (28) ai systems could produce adverse outcomes to health and safety of persons or to the environment , in particular when such systems operate as components of products. consistently with the objectives of union harmonisation legislation to facilitate the free movement of products in the internal market and to ensure that only safe and otherwise compliant products find their way into the market , it is important that the safety risks that may be generated by a product as a whole due to its digital components , including ai systems , are duly prevented and mitigated. for instance , increasingly autonomous robots , whether in the context of manufacturing or personal assistance and care should be able to safely operate and performs their functions in complex environments. similarly , in the health sector where the stakes for life and health are particularly high , increasingly sophisticated diagnostics systems and systems supporting human decisions should be reliable and accurate. the extent of the adverse impact caused by the ai system on the fundamental rights protected by the charter is of particular relevance when classifying an ai system as high-risk. those rights include the right to human dignity , respect for private and family life , protection of personal data , freedom of expression and information , freedom of assembly and of association , and non-discrimination , consumer protection , workers’ rights , rights of persons with disabilities , right to an effective remedy and to a fair trial , right of defence and the presumption of innocence , right to good administration. in addition to those rights , it is important to highlight that children have specific rights as enshrined in article 24 of the eu charter and in the united nations convention on the rights of the child (further elaborated in the uncrc general comment no. 25 as regards the digital environment) , both of which require consideration of the children’s vulnerabilities and provision of such protection and care as necessary for their well-being. the fundamental right to a high level of environmental protection enshrined in the charter and implemented in union policies should also be considered when assessing the severity of the harm that an ai system can cause , including in relation to the health and safety of persons or to the environment.


### (28) ai systems could produce adverse outcomes to health and safety of persons , in particular when such systems operate as components of products. consistently with the objectives of union harmonisation legislation to facilitate the free movement of products in the internal market and to ensure that only safe and otherwise compliant products find their way into the market , it is important that the safety risks that may be generated by a product as a whole due to its digital components , including ai systems , are duly prevented and mitigated. for instance , increasingly autonomous robots , whether in the context of manufacturing or personal assistance and care should be able to safely operate and performs their functions in complex environments. similarly , in the health sector where the stakes for life and health are particularly high , increasingly sophisticated diagnostics systems and systems supporting human decisions should be reliable and accurate. the extent of the adverse impact caused by the ai system on the fundamental rights protected by the charter is of particular relevance when classifying an ai system as high-risk. those rights include the right to human dignity , respect for private and family life , protection of personal data , freedom of expression and information , freedom of assembly and of association , and non-discrimination , consumer protection , workers’ rights , rights of persons with disabilities , right to an effective remedy and to a fair trial , right of defence and the presumption of innocence , right to good administration. in addition to those rights , it is important to highlight that children have specific rights as enshrined in article 24 of the eu charter and in the united nations convention on the rights of the child (further elaborated in the uncrc general comment no. 25 as regards the digital environment) , both of which require consideration of the children’s vulnerabilities and provision of such protection and care as necessary for their well-being. the fundamental right to a high level of environmental protection enshrined in the charter and implemented in union policies should also be considered when assessing the severity of the harm that an ai system can cause , including in relation to the health and safety of persons. ### (28) ai systems could produce adverse outcomes to health and safety of persons , in particular when such systems operate as components of products. consistently with the objectives of union harmonisation legislation to facilitate the free movement of products in the internal market and to ensure that only safe and otherwise compliant products find their way into the market , it is important that the safety risks that may be generated by a product as a whole due to its digital components , including ai systems , are duly prevented and mitigated. for instance , increasingly autonomous robots , whether in the context of manufacturing or personal assistance and care should be able to safely operate and performs their functions in complex environments. similarly , in the health sector where the stakes for life and health are particularly high , increasingly sophisticated diagnostics systems and systems supporting human decisions should be reliable and accurate. the extent of the adverse impact caused by the ai system on the fundamental rights protected by the charter is of particular relevance when classifying an ai system as high-risk. those rights include the right to human dignity , respect for private and family life , protection of personal data , freedom of expression and information , freedom of assembly and of association , and non-discrimination , education , consumer protection , workers’ rights , gender equality , rights of persons with disabilities , right to an effective remedy and to a fair trial , right of defence and the presumption of innocence , right to good administration , right to protection of intellectual property , cultural diversity. in addition to those rights , it is important to highlight that children have specific rights as enshrined in article 24 of the eu charter and in the united nations convention on the rights of the child (further elaborated in the uncrc general comment no. 25 as regards the digital environment) , both of which require consideration of the children’s vulnerabilities and provision of such protection and care as necessary for their well-being. the fundamental right to a high level of environmental protection enshrined in the charter and implemented in union policies should also be considered when assessing the harm that an ai system can cause , including in relation to the health and safety of persons or to the environment , due to the extraction and consumption of natural resources , waste and the carbon footprint.


### (28) ai systems could produce adverse outcomes to health and safety of persons , in particular when such systems operate as components of products. consistently with the objectives of union harmonisation legislation to facilitate the free movement of products in the internal market and to ensure that only safe and otherwise compliant products find their way into the market , it is important that the safety risks that may be generated by a product as a whole due to its digital components , including ai systems , are duly prevented and mitigated. for instance , increasingly autonomous robots , whether in the context of manufacturing or personal assistance and care should be able to safely operate and performs their functions in complex environments. similarly , in the health sector where the stakes for life and health are particularly high , increasingly sophisticated diagnostics systems and systems supporting human decisions should be reliable and accurate. the extent of the adverse impact caused by the ai system on the fundamental rights protected by the charter is of particular relevance when classifying an ai system as high-risk. those rights include the right to human dignity , respect for private and family life , protection of personal data , freedom of expression and information , freedom of assembly and of association , and non-discrimination , consumer protection , workers’ rights , rights of persons with disabilities , right to an effective remedy and to a fair trial , right of defence and the presumption of innocence , right to good administration. in addition to those rights , it is important to highlight that children have specific rights as enshrined in article 24 of the eu charter and in the united nations convention on the rights of the child (further elaborated in the uncrc general comment no. 25 as regards the digital environment) , both of which require consideration of the children’s vulnerabilities and provision of such protection and care as necessary for their well-being. the fundamental right to a high level of environmental protection enshrined in the charter and implemented in union policies should also be considered when assessing the severity of the harm that an ai system can cause , including in relation to the health and safety of persons. ### (28) ai systems could produce adverse outcomes to health and safety of persons , in particular when such systems operate as components of products. consistently with the objectives of union harmonisation legislation to facilitate the free movement of products in the internal market and to ensure that only safe and otherwise compliant products find their way into the market , it is important that the safety risks that may be generated by a product as a whole due to its digital components , including ai systems , are duly prevented and mitigated. for instance , increasingly autonomous robots , whether in the context of manufacturing or personal assistance and care should be able to safely operate and performs their functions in complex environments. similarly , in the health sector where the stakes for life and health are particularly high , increasingly sophisticated diagnostics systems and systems supporting human decisions should be reliable and accurate. the extent of the adverse impact caused by the ai system on the fundamental rights protected by the charter is of particular relevance when classifying an ai system as high-risk. those rights include the right to human dignity , respect for private and family life , protection of personal data , freedom of expression and information , freedom of assembly and of association , and non-discrimination , gender equality , education , consumer protection , workers’ rights , rights of persons with disabilities , right to an effective remedy and to a fair trial , right of defence and the presumption of innocence , right to good administration. in addition to those rights , it is important to highlight that children have specific rights as enshrined in article 24 of the eu charter and in the united nations convention on the rights of the child (further elaborated in the uncrc general comment no. 25 as regards the digital environment) , both of which require consideration of the children’s vulnerabilities and provision of such protection and care as necessary for their well-being. the fundamental right to a high level of environmental protection enshrined in the charter and implemented in union policies should also be considered when assessing the severity of the harm that an ai system can cause , including in relation to the health and safety of persons or to the environment , due to the extraction and consumption of natural resources , waste and the carbon footprint.


### (35) ai systems used in education or vocational training , notably for determining access or assigning persons to educational and vocational training institutions or to evaluate persons on tests as part of or as a precondition for their education should be considered high-risk , since they may determine the educational and professional course of a person’s life and therefore affect their ability to secure their livelihood. when improperly designed and used , such systems may violate the right to education and training as well as the right not to be discriminated against and perpetuate historical patterns of discrimination. ### (35) ai systems used in education or vocational training , notably for determining access or assigning persons to educational and vocational training institutions or to evaluate persons on tests as part of or as a precondition for their education should be considered high-risk , since they may determine the educational and professional course of a person’s life and therefore affect their ability to secure their livelihood. when improperly designed and used , such systems may violate the right to education and training as well as the right not to be discriminated against and perpetuate historical patterns of discrimination. the commission should develop a separate legal framework on these aspects , as well as on the use of ai systems to monitor learners and students when taking remote tests (i.e. online or e-proctoring) , within 12 months of the entry into force of this regulation , which also takes due account of pedagogical and development-specific aspects in this connection;


### (35) ai systems used in education or vocational training , notably for determining access or assigning persons to educational and vocational training institutions or to evaluate persons on tests as part of or as a precondition for their education should be considered high-risk , since they may determine the educational and professional course of a person’s life and therefore affect their ability to secure their livelihood. when improperly designed and used , such systems may violate the right to education and training as well as the right not to be discriminated against and perpetuate historical patterns of discrimination. ### (35) ai systems used in education or vocational training , notably for determining access or assigning persons to educational and vocational training institutions or to evaluate persons on tests as part of or as a precondition for their education should be considered high-risk , since they may determine the educational and professional course of a person’s life and therefore affect their ability to secure their livelihood. when improperly designed , developed and used , such systems may violate the right to education and training as well as the rights to gender equality and to not be discriminated against and perpetuate historical patterns of discrimination. finally , education is also a social learning process therefore , the use of artificial intelligence systems must not replace the fundamental role of teachers in education.


### (35) ai systems used in education or vocational training , notably for determining access or assigning persons to educational and vocational training institutions or to evaluate persons on tests as part of or as a precondition for their education should be considered high-risk , since they may determine the educational and professional course of a person’s life and therefore affect their ability to secure their livelihood. when improperly designed and used , such systems may violate the right to education and training as well as the right not to be discriminated against and perpetuate historical patterns of discrimination. ### (35) ai systems used in education or vocational training , notably for determining access or assigning persons to educational and vocational training institutions or to evaluate or monitor persons on tests as part of or as a precondition for their education should be considered high-risk , since they may determine the educational and professional course of a person’s life and therefore affect their ability to secure their livelihood. when improperly designed and used , such systems may violate the right to education and training as well as the right not to be discriminated against and perpetuate historical patterns of discrimination.


### (35) ai systems used in education or vocational training , notably for determining access or assigning persons to educational and vocational training institutions or to evaluate persons on tests as part of or as a precondition for their education should be considered high-risk , since they may determine the educational and professional course of a person’s life and therefore affect their ability to secure their livelihood. when improperly designed and used , such systems may violate the right to education and training as well as the right not to be discriminated against and perpetuate historical patterns of discrimination. ### (35) ai systems used in education or vocational training , notably for determining access or assigning persons to educational and vocational training institutions or to evaluate persons on tests as part of or as a precondition for their education should be considered high-risk , since they may determine the educational and professional course of a person’s life and therefore affect their ability to secure their livelihood. when improperly designed , developed and used , such systems may violate the right to education and training as well as the rights to gender equality and to not be discriminated against and perpetuate historical patterns of discrimination.


### (35) ai systems used in education or vocational training , notably for determining access or assigning persons to educational and vocational training institutions or to evaluate persons on tests as part of or as a precondition for their education should be considered high-risk , since they may determine the educational and professional course of a person’s life and therefore affect their ability to secure their livelihood. when improperly designed and used , such systems may violate the right to education and training as well as the right not to be discriminated against and perpetuate historical patterns of discrimination. ### (35) ai systems used in education or vocational training , notably for determining access or assigning persons to educational and vocational training institutions or to evaluate persons on tests as part of or as a precondition for their education should be considered high-risk , since they may determine the educational and professional course of a person’s life and therefore affect their ability to secure their livelihood. when improperly designed , developed and used , such systems may violate the right to education and training as well as the right to gender equality and to not be discriminated against and perpetuate historical patterns of discrimination.


### (36) ai systems used in employment , workers management and access to self-employment , notably for the recruitment and selection of persons , for making decisions on promotion and termination and for task allocation , monitoring or evaluation of persons in work-related contractual relationships , should also be classified as high-risk , since those systems may appreciably impact future career prospects and livelihoods of these persons. relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the commission work programme 2021. such persons should in principle not be considered users within the meaning of this regulation. throughout the recruitment process and in the evaluation , promotion , or retention of persons in work-related contractual relationships , such systems may perpetuate historical patterns of discrimination , for example against women , certain age groups , persons with disabilities , or persons of certain racial or ethnic origins or sexual orientation. ai systems used to monitor the performance and behaviour of these persons may also impact their rights to data protection and privacy. ### (36) ai systems used in employment , workers management and access to self-employment , notably for the recruitment and selection of persons , for making decisions on promotion and termination and for task allocation , monitoring or evaluation of persons in work-related contractual relationships , should also be classified as high-risk , since those systems may appreciably impact the health , safety and security rules aplicable in their work and at their workplaces and future career prospects and livelihoods of these persons. relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the commission work programme 2021. such persons should in principle not be considered users within the meaning of this regulation. throughout the recruitment process and in the evaluation , promotion , or retention of persons in work-related contractual relationships , such systems may perpetuate historical patterns of discrimination , for example against women , certain age groups , persons with disabilities , or persons of certain racial or ethnic origins or sexual orientation. ai systems used to monitor the performance and behaviour of these persons may also impact their rights to data protection and privacy. in this regard , specific requirements on transparency , information and human oversight should apply. trade unions and workers representatives should be informed and they should have access to any documentation created under this regulation for any ai system deployed or used in their work or at their workplace.


### (36) ai systems used in employment , workers management and access to self-employment , notably for the recruitment and selection of persons , for making decisions on promotion and termination and for task allocation , monitoring or evaluation of persons in work-related contractual relationships , should also be classified as high-risk , since those systems may appreciably impact future career prospects and livelihoods of these persons. relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the commission work programme 2021. such persons should in principle not be considered users within the meaning of this regulation. throughout the recruitment process and in the evaluation , promotion , or retention of persons in work-related contractual relationships , such systems may perpetuate historical patterns of discrimination , for example against women , certain age groups , persons with disabilities , or persons of certain racial or ethnic origins or sexual orientation. ai systems used to monitor the performance and behaviour of these persons may also impact their rights to data protection and privacy. ### (36) ai systems used in employment , workers management and access to self-employment , notably for the recruitment and selection of persons , for making decisions on promotion and termination and for task allocation , monitoring or evaluation of persons in work-related contractual relationships , should also be classified as high-risk , since those systems may appreciably impact the health , safety and security rules applicable in their work and at their workplaces and future career prospects and livelihoods of these persons. relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the commission work programme 2021. such persons should in principle not be considered users within the meaning of this regulation. throughout the recruitment process and in the evaluation , promotion , or retention of persons in work-related contractual relationships , such systems may perpetuate historical patterns of discrimination , for example against women , certain age groups , persons with disabilities , or persons of certain racial or ethnic origins or sexual orientation. ai systems used to monitor the performance and behaviour of these persons may also impact their rights to data protection and privacy. in this regard , specific requirements on transparency , information and human oversight should apply. trade unions and workers representatives should be informed and they should have access to any documentation created under this regulation for any ai system deployed or used in their work or at their workplace.


### (38) actions by law enforcement authorities involving certain uses of ai systems are characterised by a significant degree of power imbalance and may lead to surveillance , arrest or deprivation of a natural person’s liberty as well as other adverse impacts on fundamental rights guaranteed in the charter. in particular , if the ai system is not trained with high quality data , does not meet adequate requirements in terms of its accuracy or robustness , or is not properly designed and tested before being put on the market or otherwise put into service , it may single out people in a discriminatory or otherwise incorrect or unjust manner. furthermore , the exercise of important procedural fundamental rights , such as the right to an effective remedy and to a fair trial as well as the right of defence and the presumption of innocence , could be hampered , in particular , where such ai systems are not sufficiently transparent , explainable and documented. it is therefore appropriate to classify as high-risk a number of ai systems intended to be used in the law enforcement context where accuracy , reliability and transparency is particularly important to avoid adverse impacts , retain public trust and ensure accountability and effective redress. in view of the nature of the activities in question and the risks relating thereto , those high-risk ai systems should include in particular ai systems intended to be used by law enforcement authorities for individual risk assessments , polygraphs and similar tools or to detect the emotional state of natural person , to detect ‘deep fakes’ , for the evaluation of the reliability of evidence in criminal proceedings , for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons , or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups , for profiling in the course of detection , investigation or prosecution of criminal offences , as well as for crime analytics regarding natural persons. ai systems specifically intended to be used for administrative proceedings by tax and customs authorities should not be considered high-risk ai systems used by law enforcement authorities for the purposes of prevention , detection , investigation and prosecution of criminal offences. ### (38) actions by law enforcement authorities involving certain uses of ai systems are characterised by a significant degree of power imbalance and may lead to surveillance , arrest or deprivation of a natural person’s liberty as well as other adverse impacts on fundamental rights guaranteed in the charter. in particular , if the ai system is not trained with high quality data , does not meet adequate requirements in terms of its performance , including its accuracy or robustness , or is not properly designed and tested before being put on the market or otherwise put into service , it may single out people in a discriminatory or otherwise incorrect or unjust manner. furthermore , the exercise of important procedural fundamental rights , such as the right to an effective remedy and to a fair trial as well as the right of defence and the presumption of innocence , could be hampered , in particular , where such ai systems are not sufficiently transparent , explainable and documented. it is therefore appropriate to classify as high-risk a number of ai systems intended to be used in the law enforcement context where accuracy , reliability and transparency is particularly important to avoid adverse impacts , retain public trust and ensure accountability and effective redress. ai systems specifically intended to be used for administrative proceedings by tax and customs authorities should not be considered high-risk ai systems used by law enforcement authorities for the purposes of prevention , detection , investigation and prosecution of criminal offences.


### (38) actions by law enforcement authorities involving certain uses of ai systems are characterised by a significant degree of power imbalance and may lead to surveillance , arrest or deprivation of a natural person’s liberty as well as other adverse impacts on fundamental rights guaranteed in the charter. in particular , if the ai system is not trained with high quality data , does not meet adequate requirements in terms of its accuracy or robustness , or is not properly designed and tested before being put on the market or otherwise put into service , it may single out people in a discriminatory or otherwise incorrect or unjust manner. furthermore , the exercise of important procedural fundamental rights , such as the right to an effective remedy and to a fair trial as well as the right of defence and the presumption of innocence , could be hampered , in particular , where such ai systems are not sufficiently transparent , explainable and documented. it is therefore appropriate to classify as high-risk a number of ai systems intended to be used in the law enforcement context where accuracy , reliability and transparency is particularly important to avoid adverse impacts , retain public trust and ensure accountability and effective redress. in view of the nature of the activities in question and the risks relating thereto , those high-risk ai systems should include in particular ai systems intended to be used by law enforcement authorities for individual risk assessments , polygraphs and similar tools or to detect the emotional state of natural person , to detect ‘deep fakes’ , for the evaluation of the reliability of evidence in criminal proceedings , for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons , or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups , for profiling in the course of detection , investigation or prosecution of criminal offences , as well as for crime analytics regarding natural persons. ai systems specifically intended to be used for administrative proceedings by tax and customs authorities should not be considered high-risk ai systems used by law enforcement authorities for the purposes of prevention , detection , investigation and prosecution of criminal offences. ### (38) actions by law enforcement authorities involving certain uses of ai systems are characterised by a significant degree of power imbalance and may lead to surveillance , arrest or deprivation of a natural person’s liberty as well as other adverse impacts on fundamental rights guaranteed in the charter. in particular , if the ai system is not trained with high quality data , does not meet adequate requirements in terms of its accuracy or robustness , or is not properly designed and tested before being put on the market or otherwise put into service , it may single out people in a discriminatory or otherwise incorrect or unjust manner. furthermore , the exercise of important procedural fundamental rights , such as the right to an effective remedy and to a fair trial as well as the right of defence and the presumption of innocence , could be hampered , in particular , where such ai systems are not sufficiently transparent , explainable and documented. it is therefore appropriate to classify as high-risk a number of ai systems intended to be used in the law enforcement context where accuracy , reliability and transparency is particularly important to avoid adverse impacts , retain public trust and ensure accountability and effective redress. in view of the nature of the activities in question and the risks relating thereto , those high-risk ai systems should include in particular ai systems intended to be used by law enforcement authorities or on their behalf to detect ‘deep fakes’ , for the evaluation of the reliability of evidence in criminal proceedings , as well as for crime analytics regarding natural persons. ai systems specifically intended to be used for administrative proceedings by tax and customs authorities should not be considered high-risk ai systems used by law enforcement authorities for the purposes of prevention , detection , investigation and prosecution of criminal offences.


### (39) ai systems used in migration , asylum and border control management affect people who are often in particularly vulnerable position and who are dependent on the outcome of the actions of the competent public authorities. the accuracy , non-discriminatory nature and transparency of the ai systems used in those contexts are therefore particularly important to guarantee the respect of the fundamental rights of the affected persons , notably their rights to free movement , non-discrimination , protection of private life and personal data , international protection and good administration. it is therefore appropriate to classify as high-risk ai systems intended to be used by the competent public authorities charged with tasks in the fields of migration , asylum and border control management as polygraphs and similar tools or to detect the emotional state of a natural person; for assessing certain risks posed by natural persons entering the territory of a member state or applying for visa or asylum; for verifying the authenticity of the relevant documents of natural persons; for assisting competent public authorities for the examination of applications for asylum , visa and residence permits and associated complaints with regard to the objective to establish the eligibility of the natural persons applying for a status. ai systems in the area of migration , asylum and border control management covered by this regulation should comply with the relevant procedural requirements set by the directive 2013/32/eu of the european parliament and of the council49 , the regulation (ec) no 810/2009 of the european parliament and of the council50 and other relevant legislation. ### (39) ai systems used in migration , asylum and border control management affect people who are often in particularly vulnerable position and who are dependent on the outcome of the actions of the competent public authorities. the accuracy , non-discriminatory nature and transparency of the ai systems used in those contexts are therefore particularly important to guarantee the respect of the fundamental rights of the affected persons , notably their rights to free movement , non-discrimination , protection of private life and personal data , international protection and good administration. it is therefore appropriate to classify as high-risk ai systems intended to be used by the competent public authorities charged with tasks in the fields of migration , asylum and border control management. ai systems in the area of migration , asylum and border control management covered by this regulation should comply with the relevant procedural requirements set by the directive 2013/32/eu of the european parliament and of the council49 , the regulation (ec) no 810/2009 of the european parliament and of the council50 and other relevant legislation.


### (39) ai systems used in migration , asylum and border control management affect people who are often in particularly vulnerable position and who are dependent on the outcome of the actions of the competent public authorities. the accuracy , non-discriminatory nature and transparency of the ai systems used in those contexts are therefore particularly important to guarantee the respect of the fundamental rights of the affected persons , notably their rights to free movement , non-discrimination , protection of private life and personal data , international protection and good administration. it is therefore appropriate to classify as high-risk ai systems intended to be used by the competent public authorities charged with tasks in the fields of migration , asylum and border control management as polygraphs and similar tools or to detect the emotional state of a natural person; for assessing certain risks posed by natural persons entering the territory of a member state or applying for visa or asylum; for verifying the authenticity of the relevant documents of natural persons; for assisting competent public authorities for the examination of applications for asylum , visa and residence permits and associated complaints with regard to the objective to establish the eligibility of the natural persons applying for a status. ai systems in the area of migration , asylum and border control management covered by this regulation should comply with the relevant procedural requirements set by the directive 2013/32/eu of the european parliament and of the council49 , the regulation (ec) no 810/2009 of the european parliament and of the council50 and other relevant legislation. ### (39) ai systems used in migration , asylum and border control management affect people who are often in particularly vulnerable position and who are dependent on the outcome of the actions of the competent public authorities. the accuracy , non-discriminatory nature and transparency of the ai systems used in those contexts are therefore particularly important to guarantee the respect of the fundamental rights of the affected persons , notably their rights to free movement , non-discrimination , protection of private life and personal data , international protection and good administration. it is therefore appropriate to classify as high-risk ai systems intended to be used by the competent public authorities charged with tasks in the fields of migration , asylum and border control management; for verifying the authenticity of the relevant documents of natural persons; ai systems in the area of migration , asylum and border control management covered by this regulation should comply with the relevant procedural requirements set by the directive 2013/32/eu of the european parliament and of the council , the regulation (ec) no 810/2009 of the european parliament and of the council and other relevant legislation.


### (41) the fact that an ai system is classified as high risk under this regulation should not be interpreted as indicating that the use of the system is necessarily lawful under other acts of union law or under national law compatible with union law , such as on the protection of personal data , on the use of polygraphs and similar tools or other systems to detect the emotional state of natural persons. any such use should continue to occur solely in accordance with the applicable requirements resulting from the charter and from the applicable acts of secondary union law and national law. this regulation should not be understood as providing for the legal ground for processing of personal data , including special categories of personal data , where relevant. ### (41) the fact that an ai system is classified as high risk under this regulation should not be interpreted as indicating that the use of the system is necessarily lawful under other acts of union law or under national law compatible with union law , such as on the protection of personal data. any such use should continue to occur solely in accordance with the applicable requirements resulting from the charter and from the applicable acts of secondary union law and national law. this regulation should not be understood as providing for the legal ground for processing of personal data , including special categories of personal data.


### (41) the fact that an ai system is classified as high risk under this regulation should not be interpreted as indicating that the use of the system is necessarily lawful under other acts of union law or under national law compatible with union law , such as on the protection of personal data , on the use of polygraphs and similar tools or other systems to detect the emotional state of natural persons. any such use should continue to occur solely in accordance with the applicable requirements resulting from the charter and from the applicable acts of secondary union law and national law. this regulation should not be understood as providing for the legal ground for processing of personal data , including special categories of personal data , where relevant. ### (41) the fact that an ai system is classified as high risk under this regulation should not be interpreted as indicating that the use of the system is necessarily lawful under other acts of union law or under national law compatible with union law , such as on the protection of personal data. any such use should continue to occur solely in accordance with the applicable requirements resulting from the charter and from the applicable acts of secondary union law and national law. this regulation should not be understood as providing for the legal ground for processing of personal data , including special categories of personal data , where relevant.