guidance

Prohibitions § 2.2

Legal basis of the prohibitions

Official source ↗

(10)

The AI Actis supported by two legal bases: Article 114 of the Treaty on the Functioning of the European Union (‘TFEU’) (the internal market legal basis) and Article 16 TFEU (the data protection legal basis). Article 16 TFEU serves as a legal basis for the specific rules on the processing of personal data in relation to the prohibition on the use of remote biometric identification (‘RBI’) systems for law enforcement purposes, biometric categorisation systems for law enforcement purposes , and individual risk assessments for law enforcement purposes.4 All other prohibitions listed in Article 5 AI Act find their legal basis in Article 114 TFEU.