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

Biometric Data Identification Unacceptable Risk AI Systems Biometric Data Monitoring Entry Into Force Supervision Application Scope: Temporal and Territorial Dimensions
In force — consolidated2024-07-12 · CELEX 02024R1689-20240712 · ELI ↗
Version history 1
  • 2024-07-12in force 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.

Related across sources

Enforcement DPC (Ireland) - IN-22-7-3 Enforcement AEPD (Spain) - EXP202310345 News Greek SA fines Clearview AI for EUR 20M Guidance Guidelines 05/2022 on the use of facial recognition technology in the area of law enforcement Guidance Guidelines 04/2022 on the calculation of administrative fines under the GDPR Case Law GC and Others v CNIL