AI Act Recital 39 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 39 — biometric data processing compliance requirements

Biometric Data Biometric Data Special Categories of Data Types of Special Categories of Personal Data Personal Data Identification Unacceptable Risk AI Systems Prohibited AI Practices
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 and other personal data involved in the use of AI systems for biometric identification, other than in connection to the use of real-time remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement as regulated by this Regulation, should continue to comply with all requirements resulting from Article 10 of Directive (EU) 2016/680. For purposes other than law enforcement, Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 prohibit the processing of biometric data subject to limited exceptions as provided in those Articles. In the application of Article 9(1) of Regulation (EU) 2016/679, the use of remote biometric identification for purposes other than law enforcement has already been subject to prohibition decisions by national data protection authorities.

Related across sources

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
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
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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
C-136/17 GC and Others v CNIL C-136/17 (GC and Others) CJEU Sep 24, 2019 Right to be Forgotten Right to Object Criminal 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