Skip to content
AI Act Recital 38 EN
LLM context A cited markdown file you can paste into your AI assistant (ChatGPT, Claude, a RAG or project knowledge base) to ground it in this law. Contains: the full text of every article, recital and provision of this law. Everything links back to its source on overview.legal — legal information, not advice.

Recital 38 — real-time biometric identification law enforcement

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 necessarily involves the processing of biometric data. The rules of this Regulation that prohibit, subject to certain exceptions, such use, which are based on Article 16 TFEU, should apply as lex specialis in respect of the rules on the processing of biometric data contained in Article 10 of Directive (EU) 2016/680, thus regulating such use and the processing of biometric data involved in an exhaustive manner. Therefore, such use and processing should be possible only in as far as it is compatible with the framework set by this Regulation, without there being scope, outside that framework, for the competent authorities, where they act for purpose of law enforcement, to use such systems and process such data in connection thereto on the grounds listed in Article 10 of Directive (EU) 2016/680. In that context, this Regulation is not intended to provide the legal basis for the processing of personal data under Article 8 of Directive (EU) 2016/680. However, the use of real-time remote biometric identification systems in publicly accessible spaces for purposes other than law enforcement, including by competent authorities, should not be covered by the specific framework regarding such use for the purpose of law enforcement set by this Regulation. Such use for purposes other than law enforcement should therefore not be subject to the requirement of an authorisation under this Regulation and the applicable detailed rules of national law that may give effect to that authorisation.

Related across sources

Opinion 5/2021 EDPB-EDPS Joint Opinion 5/2021 on the proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) 1 Adopted EDPB - EDPS Joint Opinion 5 /2021 on the proposal for a Regulation of the European Parliament and of the Council laying down harmo nised rules on artificial i… Opinion Jun 18, 2021 Prohibited AI Practices Biometric Data Artificial Intelligence
C-205/21 CJEU - C-205/21 - Ministerstvo na vatreshnite raboti A data subject was accused of a criminal offence and refused to consent to the collection of her genetic and biometric data (Photographs and fingerprints), which the Bulgarian… Jan 26, 2023 Special Categories of Data Personal Data Types of Special Categories of Personal Data
C-169/23 Nemzeti Adatvédelmi és Információszabadság Hatóság v UC In Case C-169/23, the Court of Justice of the European Union (Third Chamber) ruled on a preliminary reference from the Kúria (Hungary) concerning whether the Budapest Metropolitan… CJEU ·Third Chamber Nov 28, 2024 Personal Data Supervision Right of Access
C-70/18 Staatssecretaris van Justitie en Veiligheid v A and Others The CJEU ruled on a preliminary reference from the Dutch Council of State in Case C-70/18, Staatssecretaris van Justitie en Veiligheid v. A, B, and P, addressing whether the… CJEU ·First Chamber Oct 3, 2019 Identification Personal Data Biometric Data
C-61/22 RL v Landeshauptstadt Wiesbaden The Court of Justice of the European Union (Grand Chamber) ruled on a preliminary reference from the Verwaltungsgericht Wiesbaden in proceedings between RL and the… CJEU ·Grand Chamber Mar 21, 2024 Identification DPIA Types of Special Categories of Personal Data
C‑371/24 Comdribus In 2020, law enforcement officers arrested several people from a climate protest One of the individuals detained (the data subject) provided their identity, but refused to be fingerprinted and photographed, as well as to provide the code to their phone (or… CJEU - C‑371/24 - Comdribus Mar 19, 2026 Personal Data Types of Special Categories of Personal Data Special Categories of Data