Table 1 Use of FRT under Article 5 of EU AI Act.

• Prohibited use of FRT for untargeted scraping of facial images.

The placing on the market, the putting into service for this specific purpose, or use of AI systems that create or expand facial recognition databases through the untargeted scraping of facial images from the internet or CCTV footage is prohibited.

• Prohibited use of FRT for ‘real-time’ and remote law enforcement systems.

The use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purposes of law enforcement is prohibited.

• Exceptional use of FRT allowed for ‘real-time’ and remote law enforcement systems.

(i) for the targeted search for specific victims of abduction, trafficking in human beings or sexual exploitation of human beings, as well as searching for missing persons;

(ii) for the prevention of a specific, substantial and imminent threat to the life or physical safety of natural persons or a genuine and present or genuine and foreseeable threat of a terrorist attack;

(iii) for the localization or identification of a person suspected of having committed a criminal offence, for the purpose of conducting a criminal investigation, prosecution or executing a criminal penalty for offences referred to in Annex II and punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least four years.