Assessment of the need for AI interaction notification

The organisation should assess and document when an AI system's nature is considered obvious to the user, thereby not requiring an explicit notification. This assessment should be based on the perspective of a reasonably well-informed and observant person, considering the specific context of use. The justification for forgoing the notification must be recorded.

AI systems legally authorized to detect, prevent, investigate or prosecute criminal offenses are exempt from this requirement if appropriate safeguards are in place to protect the rights and freedoms of third parties. An assessment will still be necessary if those systems are made available to the public for reporting criminal offenses, however.