Recital 42 Prohibition of using (solely) AI-predicted behaviour for judgement

In line with the presumption of innocence, natural persons in the Union should always be judged on their actual behaviour. Natural persons should never be judged on AI-predicted behaviour based solely on their profiling means profiling as defined in Article 4, point (4), of Regulation (EU) 2016/679;, personality traits or characteristics, such as nationality, place of birth, place of residence, number of children, level of debt or type of car, without a reasonable suspicion of that person being involved in a criminal activity based on objective verifiable facts and without human assessment thereof. Therefore, risk means the combination of the probability of an occurrence of harm and the severity of that harm; assessments carried out with regard to natural persons in order to assess the likelihood of their offending or to predict the occurrence of an actual or potential criminal offence based solely on profiling means profiling as defined in Article 4, point (4), of Regulation (EU) 2016/679; them or on assessing their personality traits and characteristics should be prohibited. In any case, that prohibition does not refer to or touch upon risk means the combination of the probability of an occurrence of harm and the severity of that harm; analytics that are not based on the profiling means profiling as defined in Article 4, point (4), of Regulation (EU) 2016/679; of individuals or on the personality traits and characteristics of individuals, such as AI systems means a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments; using risk means the combination of the probability of an occurrence of harm and the severity of that harm; analytics to assess the likelihood of financial fraud by undertakings on the basis of suspicious transactions or risk means the combination of the probability of an occurrence of harm and the severity of that harm; analytic tools to predict the likelihood of the localisation of narcotics or illicit goods by customs authorities, for example on the basis of known trafficking routes.