Prohibitions § 10.4.1

National laws are required for operationali s ing the use of ‘realtime’ - RBI systems in publicly accessible sp aces for the purposes of law enforcement. At the same time, Article 5(5) AI Act provides that Member States remain free to decide whether to adopt such national laws. If a national law authorising the use of real-time RBI is adopted, the AI Act specifies the substantive elements which the national laws must contain to comply with the requirements laid down in the AI Act. Article 5(5) AI Act A Member State may decide to provide for the possibility to fully or partially authorise the use of ‘realtime’ remote biometric identification systems in publicly accessible-spaces for the purposes of law enforcement within the limits and under the conditions listed in paragraph 1, first subpara graph, point (h), and paragraphs 2 and 3. Member States concerned shall lay down in their national law the necessary detailed rules for the request, issuance and exercise of, as well as supervision and reporting relating to, the authorisations referred to in paragraph 3. Those rules shall also specify in respect of which of the objectives listed in paragraph 1, first subparagraph, point (h), including which of the criminal offences referred to in point (h)(iii) thereof, the competent authorities may be authorised to use those systems for the purposes of law enforcement. Member States shall notify those rules to the Commission at the latest 30 days following the adoption thereof. Member States may introduce, in accordance with Union law, more restrictive laws on the use of remote biometric identification systems.