Prohibited practice: Under the EU AI Act, how is this use most accurately classified?
General social scoring by authorities that produces unjustified detrimental treatment is a prohibited practice, not a permitted tier.
The question
A public authority proposes an AI system that assigns citizens a general trustworthiness score from unrelated social behavior, then uses it to deny access to unrelated public services. Under the EU AI Act, how is this use most accurately classified?
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- High-risk system, because it must satisfy conformity assessment, data governance and technical documentationTempting, but social scoring of this kind is banned outright, so it is not merely a high-risk permitted use.
- Limited-risk system, because it only needs to clearly disclose to citizens that they are interacting with an AI systemWrong tier: transparency duties do not apply because the practice is prohibited, not merely transparency-regulated.
- Minimal-risk system, because scoring based on public records imposes no specific obligations on the operatorIncorrect: this is not obligation-free minimal risk; detrimental social scoring falls in the prohibited category.
- Prohibited practice, because general-purpose social scoring leading to unjustified detrimental treatment is banned ✓Correct: social scoring by authorities that causes unjustified detrimental treatment is an outright-prohibited practice.
The trap
Treating detrimental social scoring as a high-risk-but-permitted system rather than an outright prohibited practice. How to remember it
General social scoring by authorities that produces unjustified detrimental treatment is a prohibited practice, not a permitted tier.
How many of these would you get right?
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Every answer, right and wrong, comes with its own explanation.
