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.
AI Act Recital EN
Recital 95
Related across sources
Guidance Guidelines 02/2021 on virtual voice assistants Guidance Guidelines 05/2022 on the use of facial recognition technology in the area of law enforcement Guidance Guidelines 1/2018 on certification and identifying certification criteria in accordance with Articles 42 and 43 of the Regulation Guidance Guidelines 3/2019 on processing of personal data through video devices Guidance Guidelines 04/2022 on the calculation of administrative fines under the GDPR Guidance Guidelines 1/2020 on processing personal data in the context of connected vehicles and mobility related applications