bluegreencity-ki

EU AI Act Assessment – BlueGreenCity-KI

Date: 2026-08-31 Legal basis: Regulation (EU) 2024/1689 (AI Act), in force since 01.08.2024, phased application until 2026/27 Responsible: Leibniz University Hannover (LUH), Institute of Landscape Architecture Project: BlueGreenCity-KI (BMUKN Grant 67KIA4032B)


1. Risk Classification

Result: Limited Risk (transparency obligations, Art. 50)

The system is not a high-risk system within the meaning of the AI Act. Rationale:

Criterion Assessment
Annex III (high-risk use cases) Not met – no use in education, employment, credit scoring, law enforcement, critical infrastructure, or biometric categorisation
Significant impact on fundamental rights No – decision support for urban tree care, no automated decision about individuals
Significant impact on public services No – the tool supports the prioritisation of irrigation measures; the final decision rests with the specialist staff of the City of Hanover (LHH)
Generative AI / biometric categorisation No
Human oversight (HITL) Yes – Phase 3 explicitly provides for human review and approval

Classification

The system is a decision support system for urban tree care. It computes an AI-based drought risk score for street trees and provides explanations (SHAP). The final decision on irrigation measures is made by the LHH specialist staff.


2. Applicable Obligations (Limited Risk)

2.1 Transparency (Art. 50)

Obligation: Users must be informed that they are interacting with an AI system or receiving AI-generated results.

Implementation:

Status: ✅ Implemented (2026-08-31)

2.2 Human Oversight (Art. 14, by analogy)

Requirement: AI systems must be designed so that natural persons can effectively oversee them.

Implementation:

Status: ✅ Meets the requirements

2.3 Data Governance (Art. 10, by analogy)

Requirement: Training, validation, and test data must be relevant, representative, and as free from errors as possible.

Implementation:

Status: ✅ Meets the requirements

2.4 Technical Documentation (Art. 11, by analogy)

Requirement: Sufficient documentation for traceability.

Implementation:

Status: ✅ Meets the requirements


3. Non-Applicable Obligations

Obligation Reason
Conformity assessment (Art. 43) Not a high-risk system
CE marking Not a high-risk system
Registration in the EU database (Art. 49) Not a high-risk system
Post-market monitoring plan (Art. 72) Not a high-risk system
Reporting of serious incidents (Art. 73) Not a high-risk system

4. Timeline

Date Milestone
01.08.2024 AI Act in force
02.02.2025 Prohibition of unacceptable AI practices (Art. 5)
02.08.2025 Obligations for General Purpose AI (GPAI)
02.08.2026 Full applicability incl. limited-risk transparency obligations (Art. 50)
02.08.2027 Applicability to high-risk systems in critical infrastructure

Relevance for BGC-KI: From 02.08.2026 the transparency obligations for limited-risk systems apply in full. The implementation (Section 2.1) has already been carried out.


5. Data Processing & GDPR Relevance

5.1 Data Processed

The pipeline processes predominantly non-personal (factual) data:

No personal data in the core process (no names, addresses, photos, or citizen reports).

5.2 irrigation_planning (Phase 3): Pseudonymised Role Identifiers

The irrigation_planning module stores reviewer, approved_by, and reported_by in PostGIS. Per Issue #214 (Option A), these columns hold role identifiers (e.g. R1, F1), never real person names. No identifier-to-person mapping is stored in the system and no technical means of re-identification are kept, so within the system the values are anonymised in the GDPR sense (Art. 4 No. 1) and do not constitute personal data. (Had a revocable mapping been retained they would be pseudonymised and still personal data — that is deliberately not the case here.) The UI labels enforce this (“Rollen-Kennung … kein echter Name”).

5.3 Data Transfer to LHH

The tree inventory originates from the City of Hanover. The joint processing (LUH + LHH) is governed by the cooperation agreement. A separate data processing agreement (Art. 28) or an arrangement under Art. 26 (joint controllers) is not required for the prototype, since no personal data is processed.


6. Local Processing

The system runs entirely locally on the project workstation:

Benefit for the AI Act: Substantially simplifies the data-governance rationale (Art. 10 by analogy).


7. Further EU Relevance

7.1 EU Data Governance Act / Open Data Directive

ALKIS/LBEG data are subject to the usage terms of the Lower Saxony State Survey. Reuse in outputs (GPKG, GitHub Pages) is licence-compliant provided the source attribution is retained (see NOTICE).

7.2 GDPR + AI Act

The SHAP outputs and validation reports simultaneously serve as evidence for:


8. Summary

Aspect Status
Risk classification Limited Risk (Art. 50)
Transparency notice in outputs ✅ Implemented
Human oversight (HITL) ✅ Phase 3
Data governance ✅ Local, documented
Technical documentation ✅ docs/
Conformity assessment Not required
GDPR: personal data ✅ None – irrigation_planning uses pseudonymised role IDs (Issue #214, Option A)
GDPR: Art. 30 record of processing Not required (no personal data)
GDPR: DPIA Not required (no high risk)

9. Sources