The stated facts support stopping the prohibited use | AIGP
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The stated facts support stopping the prohibited use: What does the evidence support?

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

The evidence supports treating the use as prohibited under the assumed condition, rather than relying on high-risk safeguards.

The question

In the European Union, a research administrator uses an AI system for biometric-data analysis, and the stated facts satisfy a precise EU AI Act condition for a prohibited practice. The administrator argues that high-risk documentation and human review make the use acceptable. What does the evidence support?

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  1. Documentation alone converts the use into high-risk operation.
    Documentation is a high-risk control, but it cannot change facts that satisfy a separately prohibited practice condition.
  2. Human review automatically creates a permitted exception.
    Human review does not automatically establish an exception to a prohibited practice; exceptions depend on precise legal conditions.
  3. Transparency notice is sufficient to continue the analysis.
    Transparency does not automatically legalize prohibited conduct or replace analysis of the stated prohibition conditions.
  4. The stated facts support stopping the prohibited use, not merely adding controls. ✓
    Where the facts satisfy a prohibited-practice condition, high-risk controls and notices cannot substitute for discontinuing that use.
The trap
Analyze prohibition conditions first; do not assume high-risk safeguards can legalize a prohibited use.

How to remember it

The evidence supports treating the use as prohibited under the assumed condition, rather than relying on high-risk safeguards.

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