The described AI system, "CrimeBuster 9619," is designed to predict the likelihood of an individual re-offending, which is then used by parole boards. Under the EU AI Act, this constitutes a form of social scoring by a public authority. Article 5(1)(c) of the Act explicitly prohibits AI systems that evaluate or classify individuals based on their behavior or personal characteristics, leading to a "social score" that results in detrimental treatment. A parole decision based on such a score is a clear example of detrimental treatment. Therefore, this application of AI is considered to pose an unacceptable risk to fundamental rights and is banned from being placed on the EU market.

A. Require the company to register the tool with the EU database.

This is a requirement for high-risk AI systems, not for systems that are prohibited and cannot legally enter the market.

B. Be subject approval by the relevant EU authority.

Prohibited systems are not eligible for an approval process; they are banned outright. This process applies to high-risk systems.

C. Require a detailed conformity assessment.

This is the core compliance procedure for high-risk AI systems. Since this system is in the prohibited category, it cannot undergo this assessment.

1. Regulation of the European Parliament and of the Council on laying down harmonised rules on artificial intelligence (Artificial Intelligence Act)

Final Adopted Text (13 March 2024)

P9TA(2024)0138.

Article 5(1)(c) states that the following AI practice shall be prohibited: "an AI system that evaluates or classifies natural persons or groups of natural persons over a certain period of time based on their social behaviour or known

inferred or predicted personal or personality characteristics

with the social score leading to ... detrimental or unfavourable treatment of certain natural persons or whole groups thereof that is unjustified or disproportionate to their social behaviour." The system described fits this definition of a prohibited social scoring system.

2. European Parliament

"EU AI Act: first regulation on artificial intelligence

" Briefing

Page 2

March 2024.

This official briefing document summarizes the regulation and lists "unacceptable risk" AI systems that are banned. It explicitly includes "social scoring systems by public and private actors

" confirming that such systems are prohibited

not just regulated as high-risk.

3. Veale

M.

& Zuiderveen Borgesius

F. (2021). "Demystifying the Draft EU Artificial Intelligence Act." Computer Law Review International

22(4)

Section 3.1.

This academic analysis of the Act's draft (the principles of which were carried into the final text) explains the rationale behind prohibiting social scoring

noting that it "creates a serious risk of discrimination and exclusion" and can "violate the right to human dignity

" which is the foundational logic for banning systems like the one in the question. (DOI: https://doi.org/10.9785/cri-2021-220402)