bmad-plus 0.9.0 → 0.9.2

package/src/bmad-plus/packs/pack-shield/references/eu-ai-act/risk-classification.md

@@ -1,182 +1,182 @@
-# EU AI Act — Risk Classification Reference
-
-## Art. 3 — Key Definitions
-
-| Term | Definition |
-|------|-----------|
-| **AI System** (Art. 3(1)) | A machine-based system designed to operate with varying levels of autonomy that, for a given set of objectives, infers from inputs how to generate outputs such as predictions, recommendations, decisions, or content affecting real or virtual environments |
-| **GPAI Model** (Art. 3(63)) | An AI model trained with large amounts of data using self-supervision at scale that displays significant generality and competently performs a wide range of distinct tasks, regardless of placement method — excludes pre-release R&D models |
-| **GPAI System** (Art. 3(64)) | An AI system based on a GPAI model capable of serving multiple purposes, directly or when integrated into other AI systems |
-| **Provider** (Art. 3(3)) | Natural or legal person that develops an AI system or GPAI model and places it on the market or puts it into service under own name/trademark |
-| **Deployer** (Art. 3(4)) | Natural or legal person using an AI system under own authority, except for personal non-professional activity |
-| **Operator** (Art. 3(8)) | Encompasses provider, product manufacturer, deployer, authorised representative, importer, or distributor |
-| **Authorised Representative** (Art. 3(5)) | Person established in EU with written mandate from non-EU provider to act on their behalf |
-| **Importer** (Art. 3(6)) | EU-established person placing on market an AI system bearing third-country person's name/trademark |
-| **Distributor** (Art. 3(7)) | Supply chain person (other than provider/importer) making AI system available on EU market |
-| **Profiling** (Art. 3(52)) | Automated processing of personal data to evaluate natural persons — work performance, economic situation, health, preferences, reliability, behaviour, location |
-
----
-
-## Risk Tier Overview
-
-| Tier | Regulation Path | Key Obligation | Applies From |
-|------|----------------|----------------|--------------|
-| **Prohibited** | Art. 5 | Complete ban | 2 Feb 2025 |
-| **High Risk** | Art. 6 + Annex I/III | Full conformity regime | 2 Aug 2026 (Annex III) / 2027 (Annex I) |
-| **Limited Risk** | Art. 50 | Transparency disclosure only | 2 Aug 2026 |
-| **Minimal / No Risk** | — | Voluntary codes of conduct | — |
-
----
-
-## Art. 5 — Prohibited AI Practices (All 8, applies from 2 February 2025)
-
-### 5(1)(a) — Subliminal / Manipulative Techniques
-AI systems using subliminal techniques beyond a person's consciousness, or purposefully manipulative/deceptive techniques, that materially distort behavior and impair informed decision-making, causing or likely to cause significant harm to those persons or third parties.
-
-### 5(1)(b) — Exploitation of Vulnerabilities
-AI systems exploiting vulnerabilities of persons or groups based on age, disability, or socioeconomic circumstances, distorting behavior in a manner that causes or is likely to cause significant harm.
-
-### 5(1)(c) — Social Scoring
-AI systems that evaluate or classify natural persons or groups based on social behavior over a period of time or inferred personal characteristics, leading to:
-- Detrimental or unfavorable treatment of persons or groups in unrelated social contexts; OR
-- Treatment that is disproportionate or unjustified relative to the social context in which the behavior occurred
-
-### 5(1)(d) — Predictive Criminal Risk Assessment
-AI systems assessing the risk of natural persons committing criminal offenses based solely on profiling or personality/character traits assessment. **Exception:** systems supporting human assessment based on objective, verifiable facts directly linked to criminal activity.
-
-### 5(1)(e) — Untargeted Facial Recognition Database Creation
-Creating or expanding facial recognition databases through untargeted scraping of facial images from the internet or CCTV footage.
-
-### 5(1)(f) — Emotion Inference in Workplace or Educational Institutions
-AI systems that infer emotions of natural persons in the workplace or educational institutions. **Exception:** for medical or safety purposes.
-
-### 5(1)(g) — Biometric-Based Categorization for Sensitive Attributes
-AI systems categorizing natural persons individually based on biometric data to deduce or infer race, political opinions, trade union membership, religious or philosophical beliefs, sex life, or sexual orientation. **Exception:** labeling/filtering of lawfully acquired biometric datasets in law enforcement.
-
-### 5(1)(h) — Real-Time Remote Biometric Identification (RBI) in Public Spaces by Law Enforcement
-Real-time RBI systems in publicly accessible spaces for law enforcement purposes. **Narrow exceptions:**
-- (i) Targeted search for specific missing persons or trafficking victims
-- (ii) Preventing specific, substantial, imminent threat to life or terrorist attack  
-- (iii) Identifying suspects of serious criminal offenses carrying ≥4-year sentences listed in Annex II
-
-**Procedural requirements for exceptions:** Prior judicial or independent administrative body authorization (post-hoc authorization within 24 hours for urgency); fundamental rights impact assessment; registration in EU AI database; report to market surveillance authority after each use. **Prohibited:** use to identify protected attributes.
-
----
-
-## Art. 6 — High-Risk Classification Rules
-
-### Path A — Art. 6(1): Safety Component of Sectoral Product
-System is high-risk when BOTH conditions are met:
-1. It is a **safety component of a product** covered by Annex I harmonisation legislation (or is itself such a product); **AND**
-2. That product **requires third-party conformity assessment** under the relevant Annex I legislation
-
-### Path B — Art. 6(2): Annex III Listed Use Case
-System is high-risk when **listed in Annex III**, unless the following non-high-risk exceptions all apply:
-- Performs a narrow procedural task
-- Improves result of a previously completed human activity
-- Detects decision-making patterns/deviations without replacing/influencing human assessment
-- Performs preparatory tasks for assessment relevant to Annex III use cases
-
-**Critical override (Art. 6(3)):** Any Annex III system that **profiles natural persons** is ALWAYS high-risk regardless of the above exceptions.
-
-**Documentation obligation (Art. 6(3)):** Providers claiming non-high-risk status must document their assessment before market placement and make it available to national authorities on request.
-
----
-
-## Annex I — Sectoral Harmonisation Laws (Safety Component Path)
-
-### Section A — New Legislative Framework Products
-1. Machinery — Directive 2006/42/EC
-2. Toys — Directive 2009/48/EC
-3. Recreational watercraft — Directive 2013/53/EU
-4. Lifts — Directive 2014/33/EU
-5. ATEX equipment — Directive 2014/34/EU
-6. Radio equipment — Directive 2014/53/EU
-7. Pressure equipment — Directive 2014/68/EU
-8. Cableway installations — Regulation 2016/424
-9. Personal protective equipment — Regulation 2016/425
-10. Gaseous fuel appliances — Regulation 2016/426
-11. Medical devices — Regulation 2017/745
-12. In vitro diagnostic medical devices — Regulation 2017/746
-
-### Section B — Other Harmonisation Legislation
-13. Civil aviation security — Regulation 300/2008
-14. Two/three-wheel vehicles — Regulation 168/2013
-15. Agricultural/forestry vehicles — Regulation 167/2013
-16. Marine equipment — Directive 2014/90/EU
-17. Rail interoperability — Directive 2016/797
-18. Motor vehicles and trailers — Regulation 2018/858
-19. Motor vehicle safety standards — Regulation 2019/2144
-20. Civil aviation and drones — Regulation 2018/1139
-
----
-
-## Annex III — High-Risk AI Use Case Areas (8 Areas)
-
-### Area 1 — Biometrics
-- (a) Remote biometric identification systems (excluding personal identity verification)
-- (b) Biometric categorization systems inferring sensitive/protected attributes
-- (c) Emotion recognition systems
-
-**Notes:** (b) and (c) are prohibited under Art. 5(1)(g) and 5(1)(f) respectively in many contexts. Area 1(a) biometric categorization/emotion recognition systems that fall under Art. 5 prohibitions cannot qualify as merely high-risk — the prohibition takes precedence.
-
-### Area 2 — Critical Infrastructure
-AI safety components managing or used in safety-critical management of: road traffic, water supply, gas supply, heating supply, electricity supply, and critical digital infrastructure.
-
-### Area 3 — Education and Vocational Training
-- (a) Determining access/admission to or assignment to educational institutions at any level
-- (b) Evaluating learning outcomes that materially influence the learning process
-- (c) Assessing appropriate level of education and materially influencing the level of education received
-- (d) Monitoring and detecting prohibited student behavior in tests/examinations
-
-### Area 4 — Employment, Workers Management, and Self-Employment
-- (a) Recruitment and selection: targeted job advertising, application filtering/screening, candidate evaluation and selection
-- (b) Making decisions affecting terms of employment/work relationships: promotion, termination, task allocation, monitoring/evaluating performance/behavior of employed persons
-
-### Area 5 — Access to and Enjoyment of Essential Private and Public Services
-- (a) Public authorities evaluating individual eligibility for public assistance benefits and services (including healthcare)
-- (b) Creditworthiness assessment and credit scoring (excluding fraud detection)
-- (c) Life insurance and health insurance risk assessment and pricing for natural persons
-- (d) Emergency dispatch and emergency call classification and prioritization
-
-### Area 6 — Law Enforcement
-- (a) Individual risk assessment for becoming victim of criminal offenses
-- (b) Polygraphs and similar tools to assess reliability of persons
-- (c) Evaluating reliability of evidence in criminal investigations/prosecution
-- (d) Assessing risk of offending/reoffending, including recidivism assessment
-- (e) Profiling natural persons in course of criminal detection, investigation, or prosecution
-
-### Area 7 — Migration, Asylum, and Border Control Management
-- (a) Polygraph-like tools and similar for competent authorities in migration/asylum/border control
-- (b) Assessing risk (including security/irregular migration risk) of persons intending to enter or having entered EU territory
-- (c) Assisting competent authorities in examining applications for asylum, visa, and residence permits
-- (d) Detecting, recognizing, or identifying natural persons (excluding verification of travel documents)
-
-### Area 8 — Administration of Justice and Democratic Processes
-- (a) AI assisting judicial authorities in researching, interpreting, and applying the law
-- (b) AI intended to influence the outcome of elections or referenda, or the voting behavior of natural persons
-
----
-
-## Art. 50 — Limited Risk Transparency Obligations (applies from 2 August 2026)
-
-### Chatbots and AI Interaction Systems (Art. 50(1))
-Providers must ensure users are informed they are interacting with an AI system, unless:
-- Obvious to a reasonably well-informed user given context and circumstances
-- System is authorized by law for detection of criminal offenses
-
-### Synthetic Media — Deepfakes (Art. 50(2) and (4))
-- Deployers of systems generating synthetic image/video/audio/text resembling real persons/places/events must disclose in machine-readable format that content is artificially generated or manipulated
-- Deployer disclosure exceptions: authorized by law for criminal offense detection; artistic, satirical, or fictional works with appropriate disclosure that doesn't impair enjoyment
-- All AI-generated text published to inform public on matters of public interest must be disclosed as AI-generated, unless: authorized for criminal investigation; content underwent human editorial review and editorial accountability exists
-
-### Emotion Recognition and Biometric Categorization (Art. 50(3))
-Deployers must inform natural persons exposed to these systems of:
-- The operation of the system
-- Must comply with GDPR and data protection law
-- Exception: authorized for law enforcement
-
-### Format Requirements
-- Disclosures must be made at the latest at first interaction/exposure
-- Clear and distinguishable manner
-- Must meet accessibility standards (Directive 2019/882)
+# EU AI Act — Risk Classification Reference
+
+## Art. 3 — Key Definitions
+
+| Term | Definition |
+|------|-----------|
+| **AI System** (Art. 3(1)) | A machine-based system designed to operate with varying levels of autonomy that, for a given set of objectives, infers from inputs how to generate outputs such as predictions, recommendations, decisions, or content affecting real or virtual environments |
+| **GPAI Model** (Art. 3(63)) | An AI model trained with large amounts of data using self-supervision at scale that displays significant generality and competently performs a wide range of distinct tasks, regardless of placement method — excludes pre-release R&D models |
+| **GPAI System** (Art. 3(64)) | An AI system based on a GPAI model capable of serving multiple purposes, directly or when integrated into other AI systems |
+| **Provider** (Art. 3(3)) | Natural or legal person that develops an AI system or GPAI model and places it on the market or puts it into service under own name/trademark |
+| **Deployer** (Art. 3(4)) | Natural or legal person using an AI system under own authority, except for personal non-professional activity |
+| **Operator** (Art. 3(8)) | Encompasses provider, product manufacturer, deployer, authorised representative, importer, or distributor |
+| **Authorised Representative** (Art. 3(5)) | Person established in EU with written mandate from non-EU provider to act on their behalf |
+| **Importer** (Art. 3(6)) | EU-established person placing on market an AI system bearing third-country person's name/trademark |
+| **Distributor** (Art. 3(7)) | Supply chain person (other than provider/importer) making AI system available on EU market |
+| **Profiling** (Art. 3(52)) | Automated processing of personal data to evaluate natural persons — work performance, economic situation, health, preferences, reliability, behaviour, location |
+
+---
+
+## Risk Tier Overview
+
+| Tier | Regulation Path | Key Obligation | Applies From |
+|------|----------------|----------------|--------------|
+| **Prohibited** | Art. 5 | Complete ban | 2 Feb 2025 |
+| **High Risk** | Art. 6 + Annex I/III | Full conformity regime | 2 Aug 2026 (Annex III) / 2027 (Annex I) |
+| **Limited Risk** | Art. 50 | Transparency disclosure only | 2 Aug 2026 |
+| **Minimal / No Risk** | — | Voluntary codes of conduct | — |
+
+---
+
+## Art. 5 — Prohibited AI Practices (All 8, applies from 2 February 2025)
+
+### 5(1)(a) — Subliminal / Manipulative Techniques
+AI systems using subliminal techniques beyond a person's consciousness, or purposefully manipulative/deceptive techniques, that materially distort behavior and impair informed decision-making, causing or likely to cause significant harm to those persons or third parties.
+
+### 5(1)(b) — Exploitation of Vulnerabilities
+AI systems exploiting vulnerabilities of persons or groups based on age, disability, or socioeconomic circumstances, distorting behavior in a manner that causes or is likely to cause significant harm.
+
+### 5(1)(c) — Social Scoring
+AI systems that evaluate or classify natural persons or groups based on social behavior over a period of time or inferred personal characteristics, leading to:
+- Detrimental or unfavorable treatment of persons or groups in unrelated social contexts; OR
+- Treatment that is disproportionate or unjustified relative to the social context in which the behavior occurred
+
+### 5(1)(d) — Predictive Criminal Risk Assessment
+AI systems assessing the risk of natural persons committing criminal offenses based solely on profiling or personality/character traits assessment. **Exception:** systems supporting human assessment based on objective, verifiable facts directly linked to criminal activity.
+
+### 5(1)(e) — Untargeted Facial Recognition Database Creation
+Creating or expanding facial recognition databases through untargeted scraping of facial images from the internet or CCTV footage.
+
+### 5(1)(f) — Emotion Inference in Workplace or Educational Institutions
+AI systems that infer emotions of natural persons in the workplace or educational institutions. **Exception:** for medical or safety purposes.
+
+### 5(1)(g) — Biometric-Based Categorization for Sensitive Attributes
+AI systems categorizing natural persons individually based on biometric data to deduce or infer race, political opinions, trade union membership, religious or philosophical beliefs, sex life, or sexual orientation. **Exception:** labeling/filtering of lawfully acquired biometric datasets in law enforcement.
+
+### 5(1)(h) — Real-Time Remote Biometric Identification (RBI) in Public Spaces by Law Enforcement
+Real-time RBI systems in publicly accessible spaces for law enforcement purposes. **Narrow exceptions:**
+- (i) Targeted search for specific missing persons or trafficking victims
+- (ii) Preventing specific, substantial, imminent threat to life or terrorist attack  
+- (iii) Identifying suspects of serious criminal offenses carrying ≥4-year sentences listed in Annex II
+
+**Procedural requirements for exceptions:** Prior judicial or independent administrative body authorization (post-hoc authorization within 24 hours for urgency); fundamental rights impact assessment; registration in EU AI database; report to market surveillance authority after each use. **Prohibited:** use to identify protected attributes.
+
+---
+
+## Art. 6 — High-Risk Classification Rules
+
+### Path A — Art. 6(1): Safety Component of Sectoral Product
+System is high-risk when BOTH conditions are met:
+1. It is a **safety component of a product** covered by Annex I harmonisation legislation (or is itself such a product); **AND**
+2. That product **requires third-party conformity assessment** under the relevant Annex I legislation
+
+### Path B — Art. 6(2): Annex III Listed Use Case
+System is high-risk when **listed in Annex III**, unless the following non-high-risk exceptions all apply:
+- Performs a narrow procedural task
+- Improves result of a previously completed human activity
+- Detects decision-making patterns/deviations without replacing/influencing human assessment
+- Performs preparatory tasks for assessment relevant to Annex III use cases
+
+**Critical override (Art. 6(3)):** Any Annex III system that **profiles natural persons** is ALWAYS high-risk regardless of the above exceptions.
+
+**Documentation obligation (Art. 6(3)):** Providers claiming non-high-risk status must document their assessment before market placement and make it available to national authorities on request.
+
+---
+
+## Annex I — Sectoral Harmonisation Laws (Safety Component Path)
+
+### Section A — New Legislative Framework Products
+1. Machinery — Directive 2006/42/EC
+2. Toys — Directive 2009/48/EC
+3. Recreational watercraft — Directive 2013/53/EU
+4. Lifts — Directive 2014/33/EU
+5. ATEX equipment — Directive 2014/34/EU
+6. Radio equipment — Directive 2014/53/EU
+7. Pressure equipment — Directive 2014/68/EU
+8. Cableway installations — Regulation 2016/424
+9. Personal protective equipment — Regulation 2016/425
+10. Gaseous fuel appliances — Regulation 2016/426
+11. Medical devices — Regulation 2017/745
+12. In vitro diagnostic medical devices — Regulation 2017/746
+
+### Section B — Other Harmonisation Legislation
+13. Civil aviation security — Regulation 300/2008
+14. Two/three-wheel vehicles — Regulation 168/2013
+15. Agricultural/forestry vehicles — Regulation 167/2013
+16. Marine equipment — Directive 2014/90/EU
+17. Rail interoperability — Directive 2016/797
+18. Motor vehicles and trailers — Regulation 2018/858
+19. Motor vehicle safety standards — Regulation 2019/2144
+20. Civil aviation and drones — Regulation 2018/1139
+
+---
+
+## Annex III — High-Risk AI Use Case Areas (8 Areas)
+
+### Area 1 — Biometrics
+- (a) Remote biometric identification systems (excluding personal identity verification)
+- (b) Biometric categorization systems inferring sensitive/protected attributes
+- (c) Emotion recognition systems
+
+**Notes:** (b) and (c) are prohibited under Art. 5(1)(g) and 5(1)(f) respectively in many contexts. Area 1(a) biometric categorization/emotion recognition systems that fall under Art. 5 prohibitions cannot qualify as merely high-risk — the prohibition takes precedence.
+
+### Area 2 — Critical Infrastructure
+AI safety components managing or used in safety-critical management of: road traffic, water supply, gas supply, heating supply, electricity supply, and critical digital infrastructure.
+
+### Area 3 — Education and Vocational Training
+- (a) Determining access/admission to or assignment to educational institutions at any level
+- (b) Evaluating learning outcomes that materially influence the learning process
+- (c) Assessing appropriate level of education and materially influencing the level of education received
+- (d) Monitoring and detecting prohibited student behavior in tests/examinations
+
+### Area 4 — Employment, Workers Management, and Self-Employment
+- (a) Recruitment and selection: targeted job advertising, application filtering/screening, candidate evaluation and selection
+- (b) Making decisions affecting terms of employment/work relationships: promotion, termination, task allocation, monitoring/evaluating performance/behavior of employed persons
+
+### Area 5 — Access to and Enjoyment of Essential Private and Public Services
+- (a) Public authorities evaluating individual eligibility for public assistance benefits and services (including healthcare)
+- (b) Creditworthiness assessment and credit scoring (excluding fraud detection)
+- (c) Life insurance and health insurance risk assessment and pricing for natural persons
+- (d) Emergency dispatch and emergency call classification and prioritization
+
+### Area 6 — Law Enforcement
+- (a) Individual risk assessment for becoming victim of criminal offenses
+- (b) Polygraphs and similar tools to assess reliability of persons
+- (c) Evaluating reliability of evidence in criminal investigations/prosecution
+- (d) Assessing risk of offending/reoffending, including recidivism assessment
+- (e) Profiling natural persons in course of criminal detection, investigation, or prosecution
+
+### Area 7 — Migration, Asylum, and Border Control Management
+- (a) Polygraph-like tools and similar for competent authorities in migration/asylum/border control
+- (b) Assessing risk (including security/irregular migration risk) of persons intending to enter or having entered EU territory
+- (c) Assisting competent authorities in examining applications for asylum, visa, and residence permits
+- (d) Detecting, recognizing, or identifying natural persons (excluding verification of travel documents)
+
+### Area 8 — Administration of Justice and Democratic Processes
+- (a) AI assisting judicial authorities in researching, interpreting, and applying the law
+- (b) AI intended to influence the outcome of elections or referenda, or the voting behavior of natural persons
+
+---
+
+## Art. 50 — Limited Risk Transparency Obligations (applies from 2 August 2026)
+
+### Chatbots and AI Interaction Systems (Art. 50(1))
+Providers must ensure users are informed they are interacting with an AI system, unless:
+- Obvious to a reasonably well-informed user given context and circumstances
+- System is authorized by law for detection of criminal offenses
+
+### Synthetic Media — Deepfakes (Art. 50(2) and (4))
+- Deployers of systems generating synthetic image/video/audio/text resembling real persons/places/events must disclose in machine-readable format that content is artificially generated or manipulated
+- Deployer disclosure exceptions: authorized by law for criminal offense detection; artistic, satirical, or fictional works with appropriate disclosure that doesn't impair enjoyment
+- All AI-generated text published to inform public on matters of public interest must be disclosed as AI-generated, unless: authorized for criminal investigation; content underwent human editorial review and editorial accountability exists
+
+### Emotion Recognition and Biometric Categorization (Art. 50(3))
+Deployers must inform natural persons exposed to these systems of:
+- The operation of the system
+- Must comply with GDPR and data protection law
+- Exception: authorized for law enforcement
+
+### Format Requirements
+- Disclosures must be made at the latest at first interaction/exposure
+- Clear and distinguishable manner
+- Must meet accessibility standards (Directive 2019/882)