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Risk classes

Prohibited, high risk, transparency-bound or free: how a system is classified, with a decision aid and twenty examples.

·2 min read·By Fachbereich Governance
DETAIL
3 sections

The decision aid

  1. 01

    Is it a prohibited practice?

    Social scoring, emotion recognition in the workplace and in education, biometric categorisation by sensitive attributes, untargeted scraping of facial images, exploitation of vulnerability, predictive policing based solely on personality traits.

  2. 02

    Is it a safety component of a regulated product?

    Then Annex I and therefore high risk.

  3. 03

    Does the purpose fall under Annex III?

    Biometrics, critical infrastructure, education, employment, essential private and public services, law enforcement, migration, justice.

  4. 04

    Does a transparency duty apply?

    Dialogue systems, generated content, emotion recognition outside the prohibitions, deepfakes.

Twenty examples

TaskClass
Spell checkingfree
Triaging and routing ticketsfree
Summarising a meeting notefree
Generating product copytransparency duty on publication
Customer service chatbottransparency duty
Generated advertising imagetransparency duty
Deepfake of a real persontransparency duty, possibly further prohibitions
Pre-sorting applicationshigh risk, Annex III
Proposing promotionshigh risk
Assessing work performancehigh risk
Creditworthiness of natural personshigh risk
Payment fraud detectionexpressly excluded
Risk assessment in life and health insurancehigh risk
Marking exam performancehigh risk
Camera-based exam invigilationhigh risk
Access to educational institutionshigh risk
Assessing entitlement to social benefitshigh risk
Prioritising emergency callshigh risk
Safety component of a machinehigh risk, Annex I
Emotion recognition in the workplaceprohibited

The exception within Annex III

A system falling under Annex III exceptionally does not count as high risk where it poses no significant risk to health, safety or fundamental rights, because it

  • performs a narrow procedural task,
  • improves the result of a previously completed human activity,
  • detects decision patterns without replacing human assessment, or
  • performs a preparatory task for an assessment.

The exception does not apply where the system profiles natural persons. And it must be documented: anyone relying on it must record the assessment in writing and produce it on request. In practice this is the most overestimated escape route.

Documenting the classification

ItemContent
System and versionWhat exactly was classified
Purpose descriptionWhat it is used for, and expressly not for
Categories assessedProhibition, Annex I, Annex III, transparency duty
Result with reasoningWhy this class and no other
Where an exception appliesWhich ground, with reasoning
Date and responsible personBy name
Trigger for re-assessmentNew purpose, new version, new data

The last row is routinely forgotten and is practically the most important: a classification is not a one-off act but has a review cycle.

Classification worksheet

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Classification worksheet for a task

A worksheet that assigns a task to a class in four steps, with reasoning and a review date.

Worksheet3 items

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Risk classes