社团指南

EU AI Act Article 5: Prohibited AI Practices

Article 5 of the EU AI Act prohibits specified AI practices, each defined by its purpose, context, threshold, and exceptions.

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  1. 概述
  2. 深入探讨
  3. 战略影响
  4. The Future of EU AI Act Article 5: Prohibited AI Practices
  5. 现实世界的实施
  6. 风险与防护栏
  7. 实施路线图
  8. 不断探索
  9. 常见问题

概述

Regulation (EU) 2026/1744 added two prohibitions for certain nonconsensual intimate material and child sexual abuse material, which apply from December 2, 2026 rather than the original February 2025 date.

深入探讨

Article 5 of Regulation (EU) 2024/1689 lists prohibited AI practices. The original points (a) through (h), applicable since February 2, 2025, address specified harmful manipulation or deception; exploitation of defined vulnerabilities; social scoring that leads to harmful treatment; crime-risk assessments based solely on profiling or personality traits; untargeted facial-image scraping for recognition databases; emotion inference at work or in education except for medical or safety purposes; biometric categorisation to infer listed sensitive traits; and most real-time remote biometric identification by law enforcement in public spaces. Each rule has its own elements and exceptions. Article 5 does not ban every tool used in these areas. Its specific thresholds matter: points (a), (d), and (h), for example, define harm conditions, an evidential exception, and authorization safeguards. Other EU or national laws may still apply. Regulation (EU) 2026/1744, published in July 2026 and in force, inserted points (ba) and (bb). They address systems generating or manipulating realistic intimate or sexually explicit material of an identifiable person without explicit consent, and certain child sexual abuse material. The amendment also specifies provider and deployer conditions and safeguards; it does not make every general-purpose image or audio model prohibited. These two points and related paragraphs 1a and 1b apply from December 2, 2026, so they are enacted but not yet applicable on September 26, 2026. For a real assessment, map the system, actor, intended purpose, output, affected person, relevant Article 5 point, thresholds, and exceptions. Article 5 is not the Act’s high-risk classification test, and it is not an exhaustive list of every unlawful AI use. Check the current consolidated text and other applicable law. This guide is informational, not legal advice.

战略影响

风险与安全

灾难性和日常的人工智能危害都取决于谁了解风险以及谁能够采取行动。

更清晰的判决

公众和专业素养决定强有力的安全政策在政治上是否可行。

打破炒作

清晰的解释可以减少炒作、实验室公关和模糊道德剧场的影响。

The Future of EU AI Act Article 5: Prohibited AI Practices

Article 5 can change through amendments, delegated acts, and court or authority interpretation. Regulation (EU) 2026/1744 already adds two new prohibited practices, with application beginning December 2, 2026. Teams should update controls before that date and review the current official text for further amendments. Interpret every rule by its full elements and exceptions rather than relying on a short list or general description of an AI technique. Add a pre-release check ahead of December 2, 2026 for the new Article 5 points, then monitor official amendments and guidance.

现实世界的实施

A product team checks whether a proposed behavioral intervention meets Article 5’s significant-harm and material-distortion conditions instead of treating all persuasive design as prohibited manipulation.

A public body separates the ban on certain emotion inference at work or in education from other permitted uses and the medical or safety exception.

A face-search developer checks whether images are being scraped without targeting from internet or CCTV sources to create or expand a facial-recognition database.

A model provider reviews whether safeguards can prevent reasonably foreseeable and reproducible generation of newly prohibited material before placing a system on the market.

风险与防护栏

  • 将存在风险视为科幻小说,同时能力复合。

  • 混淆了表面产品安全与高度自治下的对准。

  • 只给非英语和非专业观众留下低质量的资源。

实施路线图

  1. 单独的产品危害、误用和失控/失调风险。

  2. 询问哪些证据会改变您对时间表和严重性的看法。

  3. 比起营销主张,更喜欢主要来源和具体评估。

  4. 确定一条行动路径:职业、政策、资金或技能——而不仅仅是意识。

不断探索

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常见问题

What is EU AI Act Article 5: Prohibited AI Practices?

Article 5 of the EU AI Act prohibits specified AI practices, each defined by its purpose, context, threshold, and exceptions. Regulation (EU) 2026/1744 added two prohibitions for certain nonconsensual intimate material and child sexual abuse material, which apply from December 2, 2026 rather than the original February 2025 date.

Which feature is required for the manipulation prohibition in Article 5(1)(a)?

Point (a) requires the specified material distortion and significant-harm conditions; it does not prohibit every persuasive technique.

Which description best captures the social-scoring prohibition in Article 5?

Point (c) requires evaluation or classification over time based on behavior or traits and a specified kind of adverse treatment.

What kind of crime-risk assessment is covered by Article 5(1)(d)?

Point (d) targets crime-risk assessment based solely on profiling or personality traits and provides a defined exception tied to objective, verifiable facts.

Which facial-image practice does Article 5(1)(e) prohibit?

Point (e) concerns untargeted scraping of face images from the internet or CCTV for facial-recognition databases.

When does Article 5(1)(f) prohibit emotion inference?

Point (f) concerns inferring emotion in work and education settings, with medical or safety exceptions.