S.L. 586.14 Art. 4Prohibited AI Practices. 5

The Commissioner shall exercise his tasks and powers in terms of Regulation (EU) 2024/1689 in respect of the following prohibited AI practices:

(a) the placing on the market, the putting into service, or the use of an AI system for making risk assessments of natural persons in order to assess or predict the risk of a natural person committing a criminal offence, based solely on the profiling of a natural person or on assessing his personality traits and characteristics:

Provided that such prohibition shall not apply to AI systems used to support the human assessment of the involvement of a person in a criminal activity, which is already COMMISSIONER FOR THE PURPOSES OF REGULATION

(EU) 2024/1689)

based on objective and verifiable facts directly linked to a criminal activity;

(b) the placing on the market, the putting into service, or the use of AI systems that create or expand facial recognition databases through the untargeted scraping of facial images from the internet or CCTV footage;

(c) the placing on the market, the putting into service, or the use of biometric categorisation systems that categorise individually natural persons based on their biometric data to deduce or infer their race, political opinions, trade union membership, religious or philosophical beliefs, sex life or sexual orientation:

Provided that such prohibition shall not cover any labelling or filtering of lawfully acquired biometric datasets, such as images, based on biometric data or categorising of biometric data in the area of law enforcement;

(d) the use of "real-time" remote biometric identification systems in publicly accessible spaces for the purposes of law enforcement, unless and in so far as such use is strictly necessary for one of the following objectives:

(i) the targeted search for specific victims of abduction, trafficking in human beings or sexual exploitation of human beings, as well as the search for missing persons;

(ii) the prevention of a specific, substantial and imminent threat to the life or physical safety of natural persons or a genuine and present or genuine and foreseeable threat of a terrorist attack;

(iii) the localisation or identification of a person suspected of having committed a criminal offence, for the purpose of conducting a criminal investigation or prosecution or executing a criminal penalty for offences referred to in Annex II of Regulation (EU) 2024/1689 and punishable by a custodial sentence or a detention order for a maximum period of at least four (4) years.