Under the EU AI Act, AI systems used for recruitment, like the HR FairRecruit AI, are considered high-risk due to their potential impact on individuals' future careers and livelihoods. This classification holds true regardless of whether the system is used for high-impact positions. The Act specifically emphasizes the heightened risk of perpetuating existing discrimination patterns through such AI systems. In essence, using the HR FairRecruit AI, particularly for high-impact roles, could indeed increase these associated risks.
AI systems intended to be used for recruitment or selection of natural persons, notably for placing targeted job advertisements screening or filtering applications, evaluating candidates in the course of interviews or tests; (Annex III: 4a)
This segment from Annex III of the EU AI Act clearly states that AI systems used for recruitment purposes are considered high-risk, which would classify the HR FairRecruit AI used for sifting through CVs and selecting job candidates as a high-risk system.
AI systems intended to be used to make or materially influence decisions affecting the initiation, promotion and termination of work-related contractual relationships, task allocation based on individual behaviour or personal traits or characteristics, or for monitoring and evaluating performance and behavior of persons in such relationships; (Annex III: 4b)
These provisions from Annex III further underline that AI systems used for work-related decision-making are also classified as high risk, especially if they influence decisions related to the start, promotion, or end of work contracts. This implies that if FairRecruit was used in deciding promotions, its use could indeed be associated with high risk.
AI systems used in employment, workers management and access to self-employment, notably for the recruitment and selection of persons, for making decisions or materially influence decisions on initiation, promotion and termination and for personalised task allocation based on individual behaviour, personal traits or biometric data, monitoring or evaluation of persons in work-related contractual relationships, should also be classified as high-risk, since those systems may appreciably impact future career prospects, livelihoods of these persons and workers’ rights. (Recital 36)
Furthermore, Recital 36 confirms that AI systems used in recruitment processes can be classified as high-risk, emphasizing the potential influence on individuals’ future career paths, livelihoods and rights of workers. This quote provides context for why FairRecruit AI, due to its potential impact, might be considered high-risk.
Throughout the recruitment process and in the evaluation, promotion, or retention of persons in work-related contractual relationships, such systems may perpetuate historical patterns of discrimination, for example against women, certain age groups, persons with disabilities, or persons of certain racial or ethnic origins or sexual orientation. (Recital 36)
Recital 36 also outlines a key risk tied to the use of AI in hiring and recruitment processes—that these systems might perpetuate existing discrimination patterns. It’s a reminder about the need to be careful and ethically conscious in applying AI systems like the HR FairRecruit AI.
In conclusion, the HR FairRecruit AI system is indeed likely to be classified as a high-risk system given its role in the recruitment process, regardless of whether it is used for high-impact positions or not. However, employing the system for decision making in high-impact roles could potentially increase its associated risks. The key focus here is on the potential impact on individuals’ futures, livelihoods, and potential for discrimination, which are considered significant risks with the use of such AI systems in the recruitment process.
- Employment, workers management and access to self-employment:
(a) AI systems intended to be used for recruitment or selection of natural persons, notably for placing targeted job advertisements screening or filtering applications, evaluating candidates in the course of interviews or tests;
(b) AI systems intended to be used to make or materially influence decisions affecting the initiation, promotion and termination of work-related contractual relationships, task allocation based on individual behaviour or personal traits or characteristics, or for monitoring and evaluating performance and behavior of persons in such relationships; (Annex III, Point 4)
The provided passage indicates that AI systems like HR FairRecruit AI, which are used for employee recruitment and selection – either through analyzing applications (CVs), conducting interviews, or implementing other evaluation methods – are considered high-risk AI systems according to the EU AI Act’s Annex III. If used to make or significantly influence decisions about employee promotions, dismissal, work-related contract formation, and task allocation based on personal traits or behaviours, along with monitoring and evaluating an individual’s performance and behaviour within such relationships, it is considered high risk. In this regard, if HR FairRecruit AI is utilized to select candidates for high-stakes roles that could potentially impact a large number of people or communities, it surely increases the system’s associated risk level.
AI systems used in employment, workers management and access to self-employment, notably for the recruitment and selection of persons, for making decisions or materially influence decisions on initiation, promotion and termination and for personalised task allocation based on individual behaviour, personal traits or biometric data, monitoring or evaluation of persons in work-related contractual relationships, should also be classified as high-risk, since those systems may appreciably impact future career prospects, livelihoods of these persons and workers’ rights. (Recital 36)
According to this recital, the AI system in question (HR FairRecruit AI) can indeed be classified as a high-risk system because it is used in recruitment and selection, decision-making areas that can significantly impact individuals’ career progression and livelihoods. AI systems used to monitor the performance and behaviour of these individuals may also pose a risk to the essence of their fundamental rights to data protection and privacy.
Throughout the recruitment process and in the evaluation, promotion, or retention of persons in work-related contractual relationships, such AI systems may perpetuate historical patterns of discrimination, for example against women, certain age groups, persons with disabilities, or persons of certain racial or ethnic origins or sexual orientation. (Recital 36)
This part emphasizes that AI systems used in the employment context, like HR FairRecruit AI, might also be flagged as high-risk systems due to the potential risk of perpetuating historical patterns of discrimination.
In conclusion, with regard to the thesis question, if HR FairRecruit AI is used to select candidates for positions that significantly impact many people or communities, this could increase the risk associated with its use, potentially classifying it as a high-risk system according to the EU AI Act.
Irrespective of whether an AI system is placed on the market or put into service independently from the products referred to in points (a) and (b), that AI system shall be considered high-risk where both of the following conditions are fulfilled:
(a) the AI system is intended to be used as a safety component of a product, or the AI system is itself a product, covered by the Union harmonisation law listed in Annex II;
(b) the product whose safety component is the AI system, or the AI system itself as a product, is required to undergo a third-party conformity assessment with a view to the placing on the market or putting into service of that product pursuant to the Union harmonisation legislation listed in Annex II. (Article 6)
This provision sets two conditions for an AI system to be classified as high-risk: it has to be a safety component, or it has to be a product that requires third-party conformity assessment. Based on this definition, the AI system used by FairRecruit might not automatically be classified as high-risk since it is not clearly a safety component. However, the provision acknowledges further conditions that could potentially render the AI system high-risk.
In addition to the high-risk AI systems referred to in paragraph 1, AI systems falling under one or more of the critical areas and use cases referred to in Annex III shall be considered high-risk if they pose a significant risk of harm to the health, safety or fundamental rights of natural persons.
(Article 6)
According to this provision, AI systems can be classified as high-risk if they fall within one or more of the critical areas outlined in Annex III. If the system poses a significant risk to individuals’ health, safety, or basic rights, it could be classified as high-risk. For example, the FairRecruit AI system, which is used for recruiting and selecting job candidates, could pose a significant risk to an individual’s rights, particularly given its potential for bias.
AI systems intended to be used for recruitment or selection of natural persons, notably for placing targeted job advertisements screening or filtering applications, evaluating candidates in the course of interviews or tests; (Annex III.4)
This quote directly relates to the AI system used by FairRecruit. An AI system designed for recruitment or selection of individuals is classified as high-risk under the AI Act. This classification covers activities such as filtering job applications or screening candidates - tasks commonly performed by the FairRecruit system. The high-risk classification stems from the significant potential impact these systems have on a person’s career progression or opportunities.
AI systems used in employment, workers management and access to self-employment, notably for the recruitment and selection of persons, for making decisions or materially influence decisions on initiation, promotion and termination should also be classified as high-risk
(Recital 36)
This quote provides further support for the classification of the FairRecruit AI system as high-risk. The Recital indicates that AI systems used in recruitment, which materially influence decisions on employment initiation and termination, should be categorised as high-risk systems.
In conclusion, based on the analyses of Article 6, Annex III, and Recital 36, it can be deduced that the FairRecruit AI system, used for analyzing CVs and selection of job candidates, may indeed be classified as a high-risk AI system under the EU AI Act. Nevertheless, this high-risk classification is not absolute, and it would require a close examination of the specifics of the FairRecruit AI system and its application. The company could argue against this classification through a reasoned notification to a national supervisory authority if they believe their AI system does not pose a significant risk. Therefore, while the thesis statement you provided holds water, it is advisable to seek further legal advice specific to the FairRecruit AI system used.
Irrespective of whether an AI system is placed on the market or put into service independently from the products referred to in points (a) and (b), that AI system shall be considered high-risk where both of the following conditions are fulfilled:\n(a) the AI system is intended to be used as a safety component of a product, or the AI system is itself a product, covered by the Union harmonisation law listed in Annex II;\n(b) the product whose safety component is the AI system, or the AI system itself as a product, is required to undergo a third-party conformity assessment with a view to the placing on the market or putting into service of that product pursuant to the Union harmonisation legislation listed in Annex II. (Article 6(1))
The AI system used by FairRecruit does not seem to meet these conditions under Article 6(1), considering that it is not directly related to safety or product conformity.
In addition to the high-risk AI systems referred to in paragraph 1, AI systems falling under one or more of the critical areas and use cases referred to in Annex III shall be considered high-risk if they pose a significant risk of harm to the health, safety or fundamental rights of natural persons. Where an AI system falls under Annex III point 2, it shall be considered to be high-risk if it poses a significant risk of harm to the environment. (Article 6(2))
Article 6(2) expands the classification of high-risk AI systems. In this case, FairRecruit’s AI system might be classified as high-risk if it can be demonstrated that it poses a significant risk to fundamental rights of individuals.
Employment, workers management and access to self-employment:\n\n(a) AI systems intended to be used for recruitment or selection of natural persons, notably for placing targeted job advertisements screening or filtering applications, evaluating candidates in the course of interviews or tests;\n\n(b) AI systems intended to be used to make or materially influence decisions affecting the initiation, promotion and termination of work-related contractual relationships, task allocation based on individual behaviour or personal traits or characteristics, or for monitoring and evaluating performance and behavior of persons in such relationships;\n (Annex III Point 4)
Annex III Point 4 clearly categorizes AI systems involved in recruitment or selection processes as high-risk. Hence, based on the criteria specified in Article 6(2), FairRecruit’s AI system could potentially be classified as high-risk.
AI systems used in employment, workers management and access to self-employment, notably for the recruitment and selection of persons, for making decisions or materially influence decisions on initiation, promotion and termination and for personalised task allocation based on individual behaviour, personal traits or biometric data, monitoring or evaluation of persons in work-related contractual relationships, should also be classified as high-risk… (Recital 36)
Recital 36 affirms the view that AI systems employed in areas such as recruitment and selection are high-risk, further supporting the potential classification of FairRecruit’s AI system as high-risk. Also, it highlights potential risks to fundamental rights and the possibility of AI systems perpetuating existing discrimination patterns.
In conclusion, FairRecruit’s AI system might well be classified as a high-risk system under the EU AI Act. The company’s AI system is implicated under Article 6(2), Annex III Point 4 and Recital 36, provided it can be demonstrated that it poses a significant risk to the fundamental rights of natural persons. However, crucially, the ultimate determination of whether it is a high-risk system would depend on a thorough evaluation by a competent authority.