S.L. 586.14 Art. 6Use of "real-time" remote biometric identification system in publicly accessible spaces. 7

(1) The use of a "real-time" remote biometric identification system in publicly accessible spaces for the purposes of law enforcement shall only be permissible if its use is strictly necessary for one of the objectives referred to in regulation 4(d).

(2) For the purposes of regulation 4(d) and Article 5(2) of Regulation (EU) 2024/1689, each use of a "real-time" remote biometric identification system in publicly accessible spaces for the purposes of law enforcement shall be subject to a prior authorisation granted by a Magistrate upon a reasoned request:

Provided that in a duly justified situation of urgency, the use of such system may be commenced without an authorisation provided that such authorisation is requested without undue delay, at the latest within twenty-four (24) hours and if such authorisation is rejected, the use shall be terminated with immediate effect and all the data, as well as the results and outputs of that use shall be immediately discarded and deleted.

(3) The Magistrate shall grant the authorisation only where he is satisfied, on the basis of objective evidence or clear indications presented to him, that the use of the "real-time" remote biometric identification system concerned is necessary for and proportionate to, achieving one of the objectives specified in regulation 4(d), as identified in the request and, in particular, remains limited to what is strictly necessary concerning the period of time as well as the geographic and personal scope. In deciding on the request, the Magistrate shall take into account the elements referred to in Article 5(2) of Regulation (EU) 2024/1689. No decision that produces an adverse legal effect on a person may be taken based solely on the output of the "real-time" remote biometric identification system.

(4) Without prejudice to sub-regulation (3), each use of a "real-time" remote biometric identification system in publicly accessible spaces for law enforcement purpose shall also be notified to the Commissioner. The notification shall, as a minimum, contain the information specified under Article 5(6) of Regulation (EU) 2024/ 1689 and shall not include sensitive operational data.

(5) Any request to the Magistrate for an authorisation to use "real-time" remote biometric identification systems in publicly accessible spaces shall be made by means of an application, and shall specify in respect of which of the objectives listed in regulation 4(d) is COMMISSIONER FOR THE PURPOSES OF REGULATION

(EU) 2024/1689)

being sought and, where the objective sought is pursuant to regulation 4(d)(iii), the request shall specify for which of the criminal offences referred to in Annex II to Regulation (EU) 2024/1689 the request is being made, and the time-period during which such system shall be in force.