The prohibition in Article 5(1)(e) AI Act does not apply to the untargeted scraping of biometric data other than facial images (such as voice samples). The prohibition does also not apply where no AI systems are involved in the scraping. Facial image databases that are not used for the recognition of persons are also out of scope , such as facial image databases used for AI model training or testing purposes, where the persons are not identified.
The prohibition in Article 5(1)(e) AI Act does not apply to AI systems which harvest large amounts of facial images from the internet to build AI models that generate new images about fictitious persons because such systems would not result in the recognition of real persons. Such AI systems could fall under the transparency requirements of Article 50 AI Act.
The prohibition in Article 5(1)(e) AI Act covers AI systems used to create or expand facial recognition databases. When it comes to existing facial databases built up prior to the entry into application of the prohibition, which are not further expanded through AI-enabled untargeted scraping, those databases and their use must comply with the applicable Union data protection rules.
The prohibition in Article 5(1)(e) AI Act is targeted at the creation or expansion of facial recognition databases. The concrete act of biometric identification is subject to specific rules in the AI Act and other relevant Union legislation.