Prohibitions § 10.1.2

Article 5(2) AI Act also obliges the deployer of a real-time RBI system used in publicly accessible spaces for law enforcement purposes to register the system in the EU database provided for in Article 49 AI Act . However , in case s of a duly justified emergency (such as an imminent threat), deployment may start even prior to registration, provided the law enforcement authority registers the system without undue delay. Undue delay should be understood as meaning ‘as soon as possible’ considering the circumstances of the emergency that prevented the registration of the system prior to its use. Whether registration meets that criterion requires an appreciation on a case-by-case basis. It cannot be defined a priori with a precise time limit. The delay should not be caused by a deliberate action. According to Article 49(4 ) AI Act, RBI systems used for the purpose of law enforcement will be registered in a se cure non-public section of the database, with limited informationand limited access to that information. For example, requesting law enforcement authorities to register the RBI system within 24 hours of the use might be considered a reasonable delay where the system was deployed in a situation of an imminent threat to life, such as in the scenario of a live shooter.