# Recital (95)

Without prejudice to applicable Union law, in particular Regulation (EU) 2016/679 and Directive (EU) 2016/680, 
considering the intrusive nature of post-remote biometric identification systems, the use of post-remote biometric 
identification systems should be subject to safeguards. Post-remote biometric identification systems should always be 
used in a way that is proportionate, legitimate and strictly necessary, and thus targeted, in terms of the individuals to 
be identified, the location, temporal scope and based on a closed data set of legally acquired video footage. In any 
case, post-remote biometric identification systems should not be used in the framework of law enforcement to lead 
to indiscriminate surveillance. The conditions for post-remote biometric identification should in any case not 
provide a basis to circumvent the conditions of the prohibition and strict exceptions for real time remote biometric 
identification.

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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/95