AI Act Recital 32 EN
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Recital 32 — risks of real-time biometric identification law enforcement

Biometric Data Unacceptable Risk AI Systems Biometric Data Identification Supervision Monitoring
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

The use of AI systems for ‘real-time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement is particularly intrusive to the rights and freedoms of the concerned persons, to the extent that it may affect the private life of a large part of the population, evoke a feeling of constant surveillance and indirectly dissuade the exercise of the freedom of assembly and other fundamental rights. Technical inaccuracies of AI systems intended for the remote biometric identification of natural persons can lead to biased results and entail discriminatory effects. Such possible biased results and discriminatory effects are particularly relevant with regard to age, ethnicity, race, sex or disabilities. In addition, the immediacy of the impact and the limited opportunities for further checks or corrections in relation to the use of such systems operating in real-time carry heightened risks for the rights and freedoms of the persons concerned in the context of, or impacted by, law enforcement activities.

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Guidelines 05/2022 use of facial recognition technology in the area of law enforcement Guidelines ·EDPB May 17, 2023 Biometric Data Biometric Data Whistleblower Protection
2025 Use of Artificial Intelligence Tools by Law Enforcement Services in Light of the Artificial Intelligence Act Jakub Marciniak — Zeszyt Prawniczy UAM Zeszyt Prawniczy UAM ·full text Dec 22, 2025 Unacceptable Risk AI Systems Biometric Data Prohibited AI Practices
Opinion 11/2024 use of facial recognition to streamline airport passengers’ flow (compatibility with Articles 5(1)(e) and(f), 25 and 32 GDPR) A dopted Opinion 11/2024 on the use of facial recognition to streamline airport passengers’ flow (compatibility with Articles 5(1)(e) and(f), 25 and 32 GDPR Version 1.1 Adopted on… Opinion ·EDPB May 24, 2024 Biometric Data Biometric Data Identification