Since the use of ‘real-time’ RBI systems in publicly accessible spaces for law enforcement purposes is considered an interference with fundamental rights, Article 5(5) AI Act provides that such use shall be established by national law in the Member States. Those national laws provide the legal basis for the use of such systems.
National laws shall not exceed the limits set by Article 5(1)(h) AI Act and shall respect all further related conditions set forth in the AI Act. That implies that the Member States may not expand the objectives for which real-time RBI may be used in publicly accessible spaces for law enforcement purposes beyond those listed in Article 5(1)(h)(i)-(iii) AI Act.233
Member States shall notify their national laws to the Commission at the latest 30 days following the adoption thereof . Such notification does not provide a presumption of conformity of the Member States’ law with the AI ActThe AI Office, after receiving . the notification, will send a confirmation of receipt. Prior to its adoption, Member States are also encouraged to send a preliminary version of the national (or regional) law proposed to the AI Office. In any case,non-notification to the AI Office within the legal deadline of 30 days following the adoption set out in Article 5(5) may imply that the national law is unenforceable in legal proceedings , as has been held in different contexts.234 The Commission will publish the Member States’ laws on a public website.
Member States may introduce, in accordance with Union law, more restrictive laws, i.e. laws with stricter requirements than those laid down in Article 5(1)(h) and (2) to (7) AI Act.