# Recital (42)

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, 
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 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 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 analytics that are not based 
on the profiling of individuals or on the personality traits and characteristics of individuals, such as AI systems using 
risk analytics to assess the likelihood of financial fraud by undertakings on the basis of suspicious transactions or 
risk 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.

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Source: Regulation (EU) 2024/1689 (Artificial Intelligence Act) as amended by Regulation (EU) 2026/1744, consolidated text of 27 July 2026 (Official Journal of the EU). This page is AI-generated legal information, not legal advice. Verify against the Official Journal.
Canonical: https://euaiactlaw.com/recital/42