Article 5(1)(h) AI Act prohibits the use of real-time RBI systems in publicly accessible spaces for law enforcement purposes, subject to limited exceptions exhaustively set out in the AI Act. Specifically, Article 5(1)(h)(i)-(iii) AI Act envisages three situations in which the use of such systems may be permitted where authorised by national legislation and where the conditions and safeguards of Article 5(2) to ( 7) AI Act are met.
In accordance with Article 5(5) AI Act, Member States are free to decide whether and in which of the three situations the use of real-time RBI systems in publicly accessible spaces for law enforcement purposes is permitted in their territory . In the absence of national legislation allowing and regulating such use, law enforcement authorities and entities acting on their behalf may not deploy such systems for law enforcement purposes. The existence of national legislation that complies with the relevant requirements of the AI Act is therefore a pre-requisite of such use.
Article 5(1)(h) AI Act only prohibits the use of real-time RBI systems in publicly accessible spaces for law enforcement purposes, so thatonly deployers of such systems are concerned by that provision. The placing on the market and the putting into service of such systems, as well as the use of other RBI systems, is not prohibited, but subject to the rules for high-risk AI systems in accordance with Article 6(2) and point a) of Annex I II AI Act .184 Where a Member States authorises the use of real-time RBI systems in publicly accessible spaces for law enforcement purposesfor any of the three objectives listed in Article 5(1)(h) AI Act, the rules for high-risk AI systems also apply to that use.
Finally, specific rules apply to the retrospective use of RBI systems for law enforcement purposes. Such non-real-time use is not prohibited, but subject to additional safeguards for the deployment of high-risk AI systems (Article 26(10) AI Act).