**Target:** Proposal for a regulation — Recital 18

## Text proposed by the Commission

(18) The use of AI systems for ‘real-time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement is considered particularly intrusive in the rights and freedoms of the concerned persons, to the extent that it may affect the private life of a large part of the population, evoke a feeling of constant surveillance and indirectly dissuade the exercise of the freedom of assembly and other fundamental rights. In addition, the immediacy of the impact and the limited opportunities for further checks or corrections in relation to the use of such systems operating in ‘real-time’ carry heightened risks for the rights and freedoms of the persons that are concerned by law enforcement activities.

(18)

(18)

## Amendment of the European Parliament

(18) The use of AI systems for ‘real-time’ remote biometric identification of natural persons in publicly accessible spaces is particularly intrusive to the rights and freedoms of the concerned persons, and can ultimately affect the private life of a large part of the population, evoke a feeling of constant surveillance , give parties deploying biometric identification in publicly accessible spaces a position of uncontrollable power and indirectly dissuade the exercise of the freedom of assembly and other fundamental rights at the core to the Rule of Law. Technical inaccuracies of AI systems intended for the remote biometric identification of natural persons can lead to biased results and entail discriminatory effects. This is particularly relevant when it comes to age, ethnicity, sex or disabilities . In addition, the immediacy of the impact and the limited opportunities for further checks or corrections in relation to the use of such systems operating in ‘real-time’ carry heightened risks for the rights and freedoms of the persons that are concerned by law enforcement activities. The use of those systems in publicly accessible places should therefore be prohibited. Similarly, AI systems used for the analysis of recorded footage of publicly accessible spaces through ‘post’ remote biometric identification systems should also be prohibited, unless there is pre-judicial authorisation for use in the context of law enforcement, when strictly necessary for the targeted search connected to a specific serious criminal offense that already took place, and only subject to a pre-judicial authorisation.

The use of AI systems for ‘real-time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement is considered particularly intrusive in the rights and freedoms of the concerned persons, to the extent that it may affect the private life of a large part of the population, evoke a feeling of constant surveillance and indirectly dissuade the exercise of the freedom of assembly and other fundamental rights. In addition, the immediacy of the impact and the limited opportunities for further checks or corrections in relation to the use of such systems operating in ‘real-time’ carry heightened risks for the rights and freedoms of the persons that are concerned by law enforcement activities.

The use of AI systems for ‘real-time’ remote biometric identification of natural persons in publicly accessible spaces is particularly intrusive to the rights and freedoms of the concerned persons, and can ultimately affect the private life of a large part of the population, evoke a feeling of constant surveillance , give parties deploying biometric identification in publicly accessible spaces a position of uncontrollable power and indirectly dissuade the exercise of the freedom of assembly and other fundamental rights at the core to the Rule of Law. Technical inaccuracies of AI systems intended for the remote biometric identification of natural persons can lead to biased results and entail discriminatory effects. This is particularly relevant when it comes to age, ethnicity, sex or disabilities . In addition, the immediacy of the impact and the limited opportunities for further checks or corrections in relation to the use of such systems operating in ‘real-time’ carry heightened risks for the rights and freedoms of the persons that are concerned by law enforcement activities. The use of those systems in publicly accessible places should therefore be prohibited. Similarly, AI systems used for the analysis of recorded footage of publicly accessible spaces through ‘post’ remote biometric identification systems should also be prohibited, unless there is pre-judicial authorisation for use in the context of law enforcement, when strictly necessary for the targeted search connected to a specific serious criminal offense that already took place, and only subject to a pre-judicial authorisation.