AI Act Recital 95 EN
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Recital 95 — post remote biometric identification safeguards

Identification Biometric Data Unacceptable Risk AI Systems Application Scope: Temporal and Territorial Dimensions Entry Into Force Monitoring Supervision
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

Without prejudice to applicable Union law, in particular Regulation (EU) 2016/679 and Directive (EU) 2016/680, considering the intrusive nature of post-remote biometric identification systems, the use of post-remote biometric identification systems should be subject to safeguards. Post-remote biometric identification systems should always be used in a way that is proportionate, legitimate and strictly necessary, and thus targeted, in terms of the individuals to be identified, the location, temporal scope and based on a closed data set of legally acquired video footage. In any case, post-remote biometric identification systems should not be used in the framework of law enforcement to lead to indiscriminate surveillance. The conditions for post-remote biometric identification should in any case not provide a basis to circumvent the conditions of the prohibition and strict exceptions for real time remote biometric identification.

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