Law-enforcement deployers must obtain authorisation for post-remote biometric identification and report annually
Download: JSON · MarkdownUnder EU AI Act, Article 26(10)
What this label means
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- Source-linked
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On this page 9 sections
In brief
Law-enforcement deployers must obtain authorisation for post-remote biometric identification and report annually is a legal requirement under the EU AI Act in the European Union (Article 26(10)). It applies from 2 December 2027. The record carries 2 evidence examples and mappings to 2 frameworks.
- Instrument
- EU AI Act
- Jurisdiction
- European Union
- Nature
- Legal requirement
- Source reference
- Article 26(10)
- Applies from
- 2 December 2027
- Who it binds
- Deployer / user organisation, Public authority / government body
- Evidence examples
- 2
- Framework mappings
- ISO/IEC 42001:2023, NIST AI Risk Management Framework 1.0
- Controls that meet it
- 3
- Official source
- Open official text
- Verification
- Verified against the official source 26 Sep 2026
What does it require?
A deployer using a high-risk post-remote biometric identification system in a criminal investigation must request authorisation from a judicial or independent administrative authority in advance or within 48 hours, unless the use is only the initial identification of a potential suspect on objective and verifiable facts. Use is limited to a targeted search; if authorisation is refused, use stops and the data is deleted. No adverse legal decision may rest solely on the output, each use is documented, and the deployer reports annually to the market surveillance and data protection authorities.
Practical action
Build the authorisation request, 48-hour clock and deletion step into the investigation workflow and schedule the annual report.
Who does it apply to?
Law enforcement authorities deploying post-remote biometric identification in criminal investigations; real-time use is governed by Article 5.
- Sectors
- Law enforcement and justice
Applies from:
Which controls meet this duty?
Satisfies: the control, operated properly, does the work the duty asks for. Supports: it contributes but the duty needs more. Each control page lists every other duty it serves, so work done once can be counted once.
-
supportsTechnical measureEngineering lead · continuousAutomatic event logging and record retention
Serves 9 recorded duties · evidence: AI system event logs, Log schema and retention standard, Log integrity and retention check
Per-use documentation and annual reporting data.
-
supportsPolicyExecutive sponsor for AI · annualAI governance policy and accountability structure
Serves 16 recorded duties · evidence: AI policy, Board or executive approval of the AI policy, AI governance forum minutes
Authorisation workflow ownership.
-
supportsProcessAI system owner · once per ai systemHuman oversight design and override procedure
Serves 12 recorded duties · evidence: Human oversight and override procedure, Human-involvement design rationale, Overseer training completion
No adverse decision solely on the system's output.
Templates that cover this duty
Generated from the records. Free · no account · links emailed to your work address. This duty is cited in each file with its source reference and a link back here.
- AI System Inventory
Register · XLSX and DOCX · v6
- EU AI Act Role and Risk Classifier
Checklist · XLSX · v4
- AI Acceptable Use Policy
Policy · DOCX · v1
- AI Governance Policy and RACI
Policy · DOCX and XLSX · v5
What evidence would a reviewer expect?
| Evidence | Type | Notes |
|---|---|---|
| Authorisation request and decision record | record | |
| Annual report on post-remote biometric identification use | report |
Framework mappings
Original editorial crosswalks. They cite clause numbers only and reproduce no standard text; confidence reflects how direct the mapping is.
See every European Union duty mapped this way →
| Framework | Reference | Note | Confidence |
|---|---|---|---|
| ISO/IEC 42001:2023 | Annex A.9.2, A.9.4 | Processes for responsible use and intended use. | low |
| NIST AI RMF 1.0 | GOVERN 1.1, MANAGE 1.3 | Legal requirements and documented use decisions. | low |
Frequently asked questions
Is this a legal requirement?
Yes. It is a legal requirement under EU AI Act (Article 26(10)).
Who must comply with this obligation?
Law enforcement authorities deploying post-remote biometric identification in criminal investigations; real-time use is governed by Article 5.
When does this obligation apply?
It applies from 2 December 2027.
What evidence shows compliance?
A reviewer would expect: Authorisation request and decision record; Annual report on post-remote biometric identification use.
Which frameworks map to this obligation?
It is mapped to ISO/IEC 42001:2023 Annex A.9.2, A.9.4, NIST AI Risk Management Framework 1.0 GOVERN 1.1, MANAGE 1.3. These are editorial crosswalks with a stated confidence, not official mappings.
Which controls satisfy this obligation?
Automatic event logging and record retention; AI governance policy and accountability structure; Human oversight design and override procedure.
What should an organisation do in practice?
Build the authorisation request, 48-hour clock and deletion step into the investigation workflow and schedule the annual report.
Cite this record
AIPolicyTracker (2026). “Law-enforcement deployers must obtain authorisation for post-remote biometric identification and report annually (EU AI Act)” [AIPT-OBL-0037, verified 26 September 2026]. https://aipolicytracker.org/id/AIPT-OBL-0037 (accessed 8 November 2026). Data licensed CC BY 4.0.
Permanent id AIPT-OBL-0037: it never changes or gets reused, and its address keeps working if this page moves.
Cite the official text alongside it: Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence, Official Journal of the European Union, https://eur-lex.europa.eu/eli/reg/2024/1689/oj.
BibTeX
@misc{aipolicytracker2026_lawenforcementdeployersm,
author = {{AIPolicyTracker}},
title = {{Law-enforcement deployers must obtain authorisation for post-remote biometric identification and report annually (EU AI Act)}},
year = {2026},
howpublished = {\url{https://aipolicytracker.org/obligations/eu-ai-act-art-26-10-post-remote-biometric-identification-authorisation}},
url = {https://aipolicytracker.org/obligations/eu-ai-act-art-26-10-post-remote-biometric-identification-authorisation},
urldate = {2026-11-08},
note = {Data licensed CC BY 4.0. Accessed 8 November 2026}
}
Change history
No change to this record's tracked fields has been recorded since 15 October 2026, when field-level history began.
Similar obligations in other instruments
- Use high-risk AI as instructed, monitor it and inform affected people — EU AI Act, European Union
- Providers must meet the full set of provider duties for high-risk AI — EU AI Act, European Union
- Providers must supply conformity evidence and log access to authorities on request — EU AI Act, European Union
- Non-EU providers must appoint an EU authorised representative for high-risk AI — EU AI Act, European Union
- Deployers, distributors and importers must assume provider duties when they rebrand or substantially modify high-risk AI — EU AI Act, European Union
- Providers of GPAI models must notify the Commission within two weeks of meeting the systemic-risk threshold — EU AI Act, European Union
- Non-EU providers of GPAI models must appoint an EU authorised representative — EU AI Act, European Union
- Frontier developers must protect employees who report catastrophic-risk concerns — California SB 53, California (United States)
Disclaimer: informational only, not legal advice. Verify every claim against the linked official sources and consult a qualified lawyer before acting.