Netherlands: Data Protection Authority opened consultation on guidance prohibiting artificial intelligence systems for risk assessment of criminal offences

On 20 February 2025, the Dutch Data Protection Authority opened the public consultation on guidance prohibiting artificial intelligence (AI) systems for risk assessment of criminal offences, until 3 April 2025. The consultation applies to the prohibition of AI systems for risk assessments of criminal offences under the European AI Regulation (2024/1689) laying down harmonised rules on artificial intelligence. The regulation bans AI systems that assess an individual’s likelihood of committing a criminal offence solely based on profiling or personality traits while allowing AI tools that support human assessments based on objective, verifiable facts. The Authority seeks input from stakeholders including citizens, businesses, and public authorities to clarify the enforcement and interpretation of this prohibition. It was highlighted that responses may contribute to further guidance on compliance obligations for AI developers, users, and other entities.