2026/06/18 by Hannah van Kolfschooten · 1 citation
Computer Science · Medicine · Social Sciences · #Artificial Intelligence in Healthcare and Education #COVID-19 Digital Contact Tracing #Ethics and Social Impacts of AI
paper · pdf · doi:10.1017/jme.2026.10270
openalex publication_date 2026/06/18 · openalex created_date 2026/06/19 · openalex updated_date 2026/06/25
The European Union's Artificial Intelligence Act introduces a novel regulatory category of "unacceptable risk," prohibiting specific AI practices that are deemed fundamentally incompatible with human rights and ethical principles. While much attention has focused on the regulation of high-risk AI systems, particularly in medical contexts, the AI Act's outright bans under Article 5 have received far less scrutiny. This paper addresses that gap by examining how these prohibitions apply to healthcare and public health, which are domains defined by rapid technological uptake, structural vulnerability, and ethically sensitive decision-making. Drawing on the European Commission's 2025 interpretative Guidelines, the paper argues that several health-related AI applications, such as emotion recognition tools, biometric categorisation systems, and technologies that influence or target vulnerable populations, may fall within the scope of the bans. It also shows that the Act's medical and safety exceptions risk weakening the vulnerability protections that the prohibitions aim to secure. By integrating legal analysis with real-world health examples, the paper offers a framework for interpreting these prohibitions and assesses how they should guide the ethical boundaries of AI in healthcare, within and beyond the European context.