Recital 94 Processing of biometric data for the purpose of law enforcement


Any processing of biometric data means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, such as facial images or dactyloscopic data; involved in the use of AI systems means a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments; for biometric identification means the automated recognition of physical, physiological, behavioural, or psychological human features for the purpose of establishing the identity of a natural person by comparing biometric data of that individual to biometric data of individuals stored in a database; for the purpose of law enforcement means activities carried out by law enforcement authorities or on their behalf for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including safeguarding against and preventing threats to public security; needs to comply with Article 10 of Directive (EU) 2016/680, that allows such processing only where strictly necessary, subject, for the purpose of real-world testing, means a natural person who participates in testing in real-world conditions; to appropriate safeguards for the rights and freedoms of the data subject, for the purpose of real-world testing, means a natural person who participates in testing in real-world conditions;, and where authorised by Union or Member State law. Such use, when authorised, also needs to respect the principles laid down in Article 4 (1) of Directive (EU) 2016/680 including lawfulness, fairness and transparency, purpose limitation, accuracy and storage limitation.

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