Closed list of AI uses the European regulation prohibits with no commercial derogation, notably social scoring and exploitation of a person's vulnerabilities.
The regulation's first tier does not frame, it forbids. The list is closed and targets uses, not technologies. It covers subliminal or manipulative techniques materially distorting behavior so as to cause harm, exploitation of vulnerabilities arising from age, disability or a social or economic situation, social scoring leading to detrimental treatment in a context unrelated to the data collected, building facial recognition databases through untargeted scraping of images, emotion recognition in the workplace and in education, and biometric categorization aimed at inferring sensitive attributes. Two of these prohibitions bear directly on insurance. Social scoring forbids applying to a contract a score built on behaviors unrelated to the insured risk. And exploitation of vulnerabilities targets the profiling of a person in financial difficulty by a system designed to take advantage of that difficulty, which moves the compliance question out of data protection and into product design.
Article 5 of Regulation (EU) 2024/1689, applicable since February 2, 2025, only six months after the text entered into force: it is the block with the earliest deadline of all. The European Commission published guidelines on these prohibitions in early 2025, and reading them is indispensable because the line between legitimate segmentation and social scoring cannot be deduced from the article alone.
risque inacceptable, unacceptable risk, interdictions de l'article 5, prohibited practices