The high-risk-controls pathway governs the changed use | AIGP
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The high-risk-controls pathway governs the changed use: Which prior assumption no longer holds?

AIGP Understanding How Laws, Standards and Frameworks Apply to AI Medium

An assumed Article 5 prohibition supersedes the premise that high-risk controls can govern the changed practice.

The question

A public-benefit agency in the European Union previously treated an AI tool as a high-risk system and applied the relevant controls. It now changes the tool to conduct a practice expressly assumed to fall within an EU AI Act Article 5 prohibition. Which prior assumption no longer holds?

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  1. The agency must maintain accurate operational records.
    Record-keeping may remain relevant, but it does not identify the prior assumption displaced by the prohibition.
  2. The agency should provide clearer notices to beneficiaries.
    Improved notices may support transparency, but they cannot authorize the assumed prohibited practice.
  3. The high-risk-controls pathway governs the changed use. ✓
    Once the assumed Article 5 prohibition applies, high-risk controls cannot serve as permission for that practice.
  4. The system should be treated as a general-purpose model.
    The changed use does not establish that the underlying system is a general-purpose AI model.
The trap
A prohibited-use finding changes the decision path; adding high-risk safeguards is not enough.

How to remember it

An assumed Article 5 prohibition supersedes the premise that high-risk controls can govern the changed practice.

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