Artificial Intelligence Policy Tracker
Legal requirement Governance and accountability European Union Partially applicable

Law-enforcement deployers must obtain authorisation for post-remote biometric identification and report annually

Download: JSON · MarkdownUnder EU AI Act, Article 26(10)

Verified against the official source 26 Sep 2026 (a factual check against the official source, not a legal review or legal advice)
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No change recorded as of 26 Sep 2026 · official source last checked
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.

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 · continuous
    Automatic 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 · annual
    AI 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 system
    Human 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.

All 12 templates that cover it →

What evidence would a reviewer expect?

Evidence examples
EvidenceTypeNotes
Authorisation request and decision recordrecord
Annual report on post-remote biometric identification usereport

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 mappings table
FrameworkReferenceNoteConfidence
ISO/IEC 42001:2023Annex A.9.2, A.9.4Processes for responsible use and intended use.low
NIST AI RMF 1.0GOVERN 1.1, MANAGE 1.3Legal 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

Disclaimer: informational only, not legal advice. Verify every claim against the linked official sources and consult a qualified lawyer before acting.