The AI Act provides three exceptions to the general prohibition on the use of real-time RBI in publicly accessible spaces for law enforcement purposes. Article 5(1)(h)(i) to
AI Act exhaustively list s three objectives for which real-time RBI may be authorised, while Article 5(2) to 5(7) AI Act lays down the conditions and safeguards for such authorisation. Article 5(1)(h)(i)-(iii) AI Act does not in itself constitute a legal basis for the real-time use of RBI systems in publicly accessible spaces. Rather, only a domestic Member State law that fulfils, in particular, the requirements in Article 5(2)- (7) AI Act can allow the use of real-time RBI, as provided by Article 5(2) AI Act. Consequently, in the absence of Member State legislation authorising the use of real-time RBI for one or more of those objectives, such use is prohibited as from 2 February 2025.