Real-Time Remote Biometric Identification Rules in the EU

Article 5(1)(h) concerns “real-time” remote biometric identification in publicly accessible spaces for law enforcement. Its narrow objectives are a targeted search for specified victims or missing persons; preventing a specific, substantial and imminent threat to life or physical safety, or a genuine and present or foreseeable terrorist threat; and locating or identifying a suspect of a criminal offence listed in Annex II that carries a maximum custodial sentence of at least four years. These are defined conditions, not broad examples that authorities may freely extend. Even when an objective fits, necessity and proportionality matter. Use must be limited to confirming the identity of a specifically targeted person and constrained in time, geographic area, and persons affected. Each use requires prior authorization from a judicial authority or an independent administrative authority with binding decisions under the Member State’s national rules. A duly justified urgent case can proceed first only where prior authorization is objectively impossible; the authority must request authorization without undue delay and no later than 24 hours. If refused, use stops immediately and data relating to it must be discarded and deleted. Additional safeguards include fundamental-rights impact assessment, registration in the EU database, notification to market-surveillance and data-protection authorities, and the rule that no adverse legal decision may rest solely on the system’s output. Member States may prohibit all such use or set stricter conditions. The Act’s exception therefore depends on national legislation and case-specific authorization; it is not self-executing. The prohibition applies to use, while systems intended for this purpose may also fall within high-risk rules. Do not confuse that classification with permission to deploy. A provider or police unit should record the legal basis, exact target, objective, location, duration, alternatives considered, authorizing decision, and steps to stop and delete. Check national law and current consolidated text before any operational decision.