AI prohibition of real-time biometric identification by law enforcement
Published: 07/04/2026
| Future of Privacy Forum
The Future of Privacy Forum (FPF) has published the eighth article in a series exploring the prohibited practices set out in the EU Artificial Intelligence Act (AI Act).
The eighth article examines Article 5(1)(h), which establishes a general prohibition on law enforcement using real-time biometric identification (RBI) systems in publicly accessible spaces.
FPF highlights that the key takeaway is that this prohibition is narrowly targeted, requiring all specific factors to be present for the ban to be triggered. When not all criteria are met, the technology is categorised as a high-risk AI system. In addition, the analysis notes that the AI Act and European Commission guidelines both emphasise that deploying these systems can create a chilling effect on public freedoms due to the perception of ubiquitous surveillance.
The article also notes that, while three narrow exceptions are permitted for Member States, the specific offences that allow them are defined by national criminal laws. As such, the implementation of the prohibition and its exceptions may vary significantly.
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