EU_AI_ACT_ART5_REALTIME_BIOMETRIC_001

rules/regulations/eu/eu_ai_act_article5_realtime_biometric.yaml

Citation

Regulation (EU) 2024/1689, Article 5(1)(h): the use of 'real-time' remote biometric identification systems in publicly accessible spaces for the purposes of law enforcement, unless and in so far as such use is strictly necessary for one of the following objectives: (i) the targeted search for specific victims of abduction, trafficking in human beings or sexual exploitation of human beings, as well as the search for missing persons; (ii) the prevention of a specific, substantial and imminent threat to the life or physical safety of natural persons or a genuine and present or genuine and foreseeable threat of a terrorist attack; (iii) the localisation or identification of a person suspected of having committed a criminal offence, for the purpose of conducting a criminal investigation or prosecution or executing a criminal penalty for offences referred to in Annex II and punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least four years.

Condition

Prohibits the use of real-time remote biometric identification systems in publicly accessible spaces for law enforcement purposes. Article 5(1)(h) of the EU AI Act, with narrow exceptions (targeted search for specific victims, imminent threat prevention, suspect identification for serious crimes) that require judicial authorization.

Layer 1 detects

real-time (or "real time", "realtime") biometric, also with "remote" in between; live facial recognition; real-time face ID, identification or matching; public space face or biometric ID, identification, scanning or matching; mass facial recognition; crowd facial scanning, ID or identification; real-time gait recognition or ID; and real-time voice identification or biometrics. It matches wording, not meaning: it does not read whether the space is publicly accessible, whether the purpose is law enforcement, or the exceptions of Article 5(1)(h)(i) to (iii) and their authorisation, so it fires on an authorised use written in these words ("Under the judge's authorisation, police may use real-time biometric identification at the station to find the abducted child."), and on text that only names the practice, such as a refusal. Whether a text does the practice is judged in Layer 2.

Condition type

regex; semantic condition in the file, not run by the engine

Status in the file

approved