Miguel Afonso Caetano“- The AI Act prohibits specific biometric inference practices, not biometric categorization as such – Many forms of biometric categorization, such as categorization based on non-sensitive physical traits or for purposes that do not involve inferring the listed characteristics, do not fall within the prohibition.
- The objective and design of the system are central to determining whether the prohibition applies – The prohibition is not triggered only by the presence of biometric analysis, but by the intended inference of protected attributes from biometric data.
- The relationship between this prohibition and EU data protection law needs further clarification – Given that the AI Act itself clarifies that it does not affect the application of the GDPR, and some processing of biometric data that may result in biometric categorization can be lawful under Article 9(2) GDPR when following its strict conditions, further clarification is needed with regard to the intersection of the two laws.”
Red Lines under the EU AI Act: Understanding the prohibition of biometric categorization for certain sensitive characteristics
This blog is the seventh in a series exploring prohibited AI practices under the EU AI Act, focusing on the prohibition of biometric categorization for certain sensitive characteristics based on biometric data.
Marcel SIneM(S)US
Adrian Morales
Andreas Becker
EDRi
& public interest groups.
European Economic and Social C
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Nicola Fabiano