# Recital (17)

The notion of ‘remote biometric identification system’ referred to in this Regulation should be defined functionally, 
as an AI system intended for the identification of natural persons without their active involvement, typically at 
a distance, through the comparison of a person’s biometric data with the biometric data contained in a reference 
database, irrespectively of the particular technology, processes or types of biometric data used. Such remote 
biometric identification systems are typically used to perceive multiple persons or their behaviour simultaneously in 
order to facilitate significantly the identification of natural persons without their active involvement. This excludes 
AI systems intended to be used for biometric verification, which includes authentication, the sole purpose of which 
is to confirm that a specific natural person is the person he or she claims to be and to confirm the identity of 
a natural person for the sole purpose of having access to a service, unlocking a device or having security access to 
premises. That exclusion is justified by the fact that such systems are likely to have a minor impact on fundamental 
rights of natural persons compared to the remote biometric identification systems which may be used for the 
processing of the biometric data of a large number of persons without their active involvement. In the case of 
‘real-time’ systems, the capturing of the biometric data, the comparison and the identification occur all 
instantaneously, near-instantaneously or in any event without a significant delay. In this regard, there should be no 
scope for circumventing the rules of this Regulation on the ‘real-time’ use of the AI systems concerned by providing 
for minor delays. ‘Real-time’ systems involve the use of ‘live’ or ‘near-live’ material, such as video footage, generated 
by a camera or other device with similar functionality. In the case of ‘post’ systems, in contrast, the biometric data 
has already been captured and the comparison and identification occur only after a significant delay. This involves 
material, such as pictures or video footage generated by closed circuit television cameras or private devices, which 
has been generated before the use of the system in respect of the natural persons concerned.

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Source: Regulation (EU) 2024/1689 (Artificial Intelligence Act) as amended by Regulation (EU) 2026/1744, consolidated text of 27 July 2026 (Official Journal of the EU). This page is AI-generated legal information, not legal advice. Verify against the Official Journal.
Canonical: https://euaiactlaw.com/recital/17