Regulatory divergences in the draft AI act: Differences in public and private sector obligations

This study identifies and examines sources of regulatory divergence within the AI act regarding the obligations and limitations upon public and private sector actors when using certain AI systems. A reflection upon possible impacts and consequences is provided, and a range of policy options is suggested for the European Parliament that could respond to the identified sources of divergence. The study is specifically focused on three AI application areas: manipulative AI, social scoring and biometric AI systems. Questions regarding how and when those systems are designated as prohibited or high-risk and the potentially diverging obligations towards public versus private sector actors and the rationale behind it, are described.