AI Act Recital 94 EN
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Recital 94 — law enforcement biometric data processing compliance

Biometric Data Biometric Data Special Categories of Data Types of Special Categories of Personal Data Personal Data Supervision Identification Retention Period
In force — consolidated2026-07-27 · CELEX 02024R1689-20260727 · ELI ↗
Version history 2
  • 2026-07-27in force CELEX 02024R1689-20260727
  • 2024-07-12 CELEX 02024R1689-20240712

Any processing of biometric data involved in the use of AI systems for biometric identification for the purpose of law enforcement needs to comply with Article 10 of Directive (EU) 2016/680, that allows such processing only where strictly necessary, subject to appropriate safeguards for the rights and freedoms of the data subject, and where authorised by Union or Member State law. Such use, when authorised, also needs to respect the principles laid down in Article 4 (1) of Directive (EU) 2016/680 including lawfulness, fairness and transparency, purpose limitation, accuracy and storage limitation.

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