Stop the prohibited use: Which conclusion is correct? | AIGP
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Stop the prohibited use: Which conclusion is correct?

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

A transparency notice or oversight process cannot legalize a use the scenario assumes is prohibited without exception.

The question

A public-benefit agency in the EU uses facial analysis to infer a sensitive trait and rank applicants. Assume the use falls within an EU AI Act prohibited practice and no exception applies; relevant obligations otherwise apply. Which conclusion is correct?

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  1. Add a notice explaining the agency’s use of facial analysis.
    A notice may improve transparency, but it cannot authorize conduct that the scenario expressly assumes is prohibited under the Act.
  2. Stop the prohibited use; transparency or review cannot make it permissible. ✓
    The stated premise controls: where the practice is prohibited and no exception applies, additional notices or safeguards cannot authorize continuation.
  3. Obtain conformity assessment before continuing the ranking process.
    Conformity assessment addresses applicable system obligations, but it cannot legalize a practice assumed to be prohibited.
  4. Add human review so applicants can challenge automated rankings.
    Review and challenge mechanisms may support oversight, but they do not cure the assumed underlying prohibition.
The trap
First determine whether the use is permitted; secondary controls cannot cure an assumed prohibition.

How to remember it

A transparency notice or oversight process cannot legalize a use the scenario assumes is prohibited without exception.

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Part of the Certsqill AIGP question bank · Understanding How Laws, Standards and Frameworks Apply to AI · Every answer, right and wrong, comes with its own explanation.