The objectives set out in Article 5(1)(h)(i)-(iii) AI Act aim to allow the use of certain AI and investigative tools for law enforcement purposes. These objectives are: (i) the targeted search of victims of three specific serious crimes and missing persons [protection]; (ii) the prevention of imminent threats to life or physical safety or a genuine threat of terrorist attacks [prevention]; and (iii) the localisation or identification of suspects and offenders of certain serious crimes as listed in Annex II [prosecution/investigation].
In those scenarios, the Union legislature has balanced the security needs of society against the risk that real-time RBI systems pose to the fundamental rights of individuals subject to those systems. According to Recital 33 AI Act, the objectives for which the use of real-time RBI systems for law enforcement purposes in publicly accessible spaces is allowed must be strictly, exhaustively, and narrowly defined, and appearwhen there is a ‘strict necessity’ to achieve ‘a substantial public interest’ which ‘outweighs the risks’ posed to fundamental rights.Any other use of real-time RBI systems in publicly accessible spaces for law enforcement purpose s which is not listed in Article 5(1)(h)(i)-(iii) AI Act is prohibited. For instance, the use of real-time RBI systems by the police to identify a shoplifter and compare their facial images against criminal databases is prohibited, as it does not fall under any of the objectives listed in Article 5(1)(h)(i)-(iii) AI Act.