# Recital (39)

Any processing of biometric data and other personal data involved in the use of AI systems for biometric 
identification, other than in connection to the use of real-time remote biometric identification systems in publicly 
accessible spaces for the purpose of law enforcement as regulated by this Regulation, should continue to comply 
with all requirements resulting from Article 10 of Directive (EU) 2016/680. For purposes other than law 
enforcement, Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 prohibit the 
processing of biometric data subject to limited exceptions as provided in those Articles. In the application of Article 
9(1) of Regulation (EU) 2016/679, the use of remote biometric identification for purposes other than law 
enforcement has already been subject to prohibition decisions by national data protection authorities.

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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/39