Real-time remote biometric identification in publicly accessible spaces for law enforcement is prohibited (Article 5(1)(h)), with narrow exceptions for missing persons, terrorist threats, and serious crime suspects.
5 questions answered with specific EU AI Act article references. 98 days until the August 2, 2026 enforcement deadline.
Not sure if your AI system is affected? Take the 5-minute diagnostic.Real-time remote biometric identification in publicly accessible spaces for law enforcement is prohibited (Article 5(1)(h)), with narrow exceptions for missing persons, terrorist threats, and serious crime suspects.
Biometric categorisation systems that infer sensitive attributes (race, political opinions, religion, sexual orientation) are prohibited (Article 5(1)(g)). Non-inferring biometric systems for access control may be permitted as high-risk.
Prohibited in workplaces and educational institutions (Article 5(1)(f)). Allowed for medical or safety purposes with appropriate safeguards. Always high-risk when permitted.
Biometric identification systems under Annex III point 1 require third-party assessment by a notified body (Article 43(1)). This is the only Annex III category requiring external assessment.
If used for identification or categorisation of natural persons, yes — it's biometric AI under Annex III. Simple access control without identification/categorisation may fall outside scope.
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