The use of real-time RBI systems which pursue one of the objectives listed in Article 5(1)(h)(i) to (iii ) AI Act and which has been provided for in the national law of the Member States concerned must be authorized by a judicial authority or an independent administrative authority prior to its use. This is the main principle.
However, there is an exception in the case of urgency. This shall be duly justified.218 Urgency is described as ‘situations where th e need to use the systems concerned is such as to make it effectively and objectively impossible to obtain an authorisation before commencing the use of the AI system’219 . In such case of urgency, ‘the use of the AI system should be restricted to the absolute minimum necessary and should be subject to appropriate safeguards and conditions , as determined in national law and specified in the context of each individual urgent use case by the law enforc ement authority itself.’