# Recital (38)

The use of AI systems for real-time remote biometric identification of natural persons in publicly accessible spaces 
for the purpose of law enforcement necessarily involves the processing of biometric data. The rules of this 
Regulation that prohibit, subject to certain exceptions, such use, which are based on Article 16 TFEU, should apply 
as lex specialis in respect of the rules on the processing of biometric data contained in Article 10 of Directive (EU) 
2016/680, thus regulating such use and the processing of biometric data involved in an exhaustive manner. 
Therefore, such use and processing should be possible only in as far as it is compatible with the framework set by 
this Regulation, without there being scope, outside that framework, for the competent authorities, where they act for 
purpose of law enforcement, to use such systems and process such data in connection thereto on the grounds listed 
in Article 10 of Directive (EU) 2016/680. In that context, this Regulation is not intended to provide the legal basis 
for the processing of personal data under Article 8 of Directive (EU) 2016/680. However, the use of real-time remote 
biometric identification systems in publicly accessible spaces for purposes other than law enforcement, including by 
competent authorities, should not be covered by the specific framework regarding such use for the purpose of law 
enforcement set by this Regulation. Such use for purposes other than law enforcement should therefore not be 
subject to the requirement of an authorisation under this Regulation and the applicable detailed rules of national law 
that may give effect to that authorisation.

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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/38