Suspend the prohibited inference and redesign: What should | AIGP
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Suspend the prohibited inference and redesign: What should the employer do?

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

A user notice cannot legalize an assumed prohibited practice; the inference must stop or be redesigned.

The question

An employer in the European Union proposes an internal employee-assistance tool that performs an inference the EU AI Act Article 5 prohibits, and assume that prohibition applies. The vendor offers employee notices and acknowledgments. What should the employer do?

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  1. Limit the tool to managers and retain the same inference.
    Changing the user group does not cure the assumed prohibited practice or establish that an exception applies.
  2. Suspend the prohibited inference and redesign the assistance service. ✓
    Stopping the prohibited practice addresses the decisive requirement; transparency cannot legalize conduct barred by the applicable EU AI Act provision.
  3. Proceed after collecting employee acknowledgments.
    Employee acknowledgment does not make a practice permissible when the assumed EU AI Act prohibition applies.
  4. Document the inference and classify the tool as high-risk.
    Documentation and high-risk controls may be relevant elsewhere, but they do not authorize the assumed prohibited use.
The trap
First test whether the practice is prohibited; only then assess notices, controls, or risk classification.

How to remember it

A user notice cannot legalize an assumed prohibited practice; the inference must stop or be redesigned.

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