What REGULATION (EU) 2024/1689 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 June 2024 laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) - Article 5(2) to 5(7) requires
Article 5(2) to 5(7) of the EU AI Act sets the exception regime under which law enforcement may exceptionally use 'real-time' remote biometric identification systems in publicly accessible spaces: use is limited to the three objectives in Article 5(1)(h), must only confirm the identity of the specifically targeted individual, requires a fundamental rights impact assessment and EU database registration, prior authorisation by a judicial or independent administrative authority (with a 24-hour urgency procedure), an enabling Member State national law, notification to the market surveillance and data protection authorities, and annual reporting to the Commission.
Pillar: AI Governance & Law · Authority: European Parliament and Council of the European Union · Version: 2.0.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32024R1689
SHA-256 integrity: 29a230aa13ad9fdc89e67b816d31c495f5c5553a5494fa12291ed452d470afd8
Primary Citations — 7 traced to source
- Article 5(1)(h): prohibits the use of 'real-time' remote biometric identification systems in publicly accessible spaces for the purposes of law enforcement, unless and in so far as such use is strictly necessary for the targeted search for specific victims of abduction, trafficking in human beings or sexual exploitation and the search for missing persons, the prevention of a specific, substantial and imminent threat to the life or physical safety of natural persons or a genuine threat of a terrorist attack, or the localisation or identification of a person suspected of a criminal offence referred to in Annex II punishable by a custodial sentence of a maximum period of at least four years
- Article 5(2): the use shall be deployed only to confirm the identity of the specifically targeted individual, and it shall take into account the nature of the situation giving rise to the possible use, in particular the seriousness, probability and scale of the harm that would be caused if the system were not used, and the consequences of the use of the system for the rights and freedoms of all persons concerned; the use shall be authorised only if the law enforcement authority has completed a fundamental rights impact assessment as provided for in Article 27 and has registered the system in the EU database according to Article 49
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