What EU AI Act - Prohibition on Real-Time Remote Biometric Identification in Public Spaces for Law Enforcement (Article 5(1)(h)) requires
EU AI Act (Regulation 2024/1689) Article 5(1)(h) prohibits the use of real-time remote biometric identification (RTBRI) systems in publicly accessible spaces for law enforcement purposes, subject to three strictly defined exceptions; 'real-time remote biometric identification system' is defined in Article 3(36) as a remote biometric identification system where the capturing of biometric data, the comparison, and the identification all occur without a significant delay; the default rule is prohibition - RTBRI for law enforcement in publicly accessible spaces is presumptively banned; Article 5(1)(h) exceptions that permit RTBRI use are: (1) targeted search for a specific victim of abduction, trafficking in human persons, or sexual exploitation; (2) prevention of a specific, substantial, and imminent threat to the life of natural persons or a real and foreseeable terrorist attack; (3) detection, localisation, identification, or prosecution of a perpetrator or suspect of a criminal offence carrying a maximum penalty of at least four years of imprisonment in the Member State concerned; use of RTBRI under the exception in Article 5(1)(h) requires: prior authorisation from a judicial or other independent authority with power of judicial review in the Member State where the use is to take place, except in duly justified cases of urgency where authorisation is sought without undue delay; Member State law must expressly authorise the use of RTBRI systems in publicly accessible spaces for law enforcement purposes with defined rules, conditions, and safeguards; applicable from 2 February 2025 per Article 113; the Article 5(1)(h) framework is intended to prevent mass surveillance of the general public by law enforcement while preserving targeted biometric identification for the most serious law enforcement use cases.
Pillar: AI Governance & Law · Authority: European Parliament and Council of the EU · Version: 1.0.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32024R1689
SHA-256 integrity: 8dfd481a3ffc2325a7d47e30e0e083ed1b491ba42c7c97e367409955cf4f3848
Primary Citations — 5 traced to source
- Regulation (EU) 2024/1689 - EU AI Act: Article 5(1)(h) - Prohibition on Real-Time Remote Biometric Identification in Public Spaces for Law Enforcement
- Regulation (EU) 2024/1689 - EU AI Act: Article 3(36) - Definition of Real-Time Remote Biometric Identification System
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