Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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S.L. 586.14 · Artificial Intelligence (Designation Of The (S.L. 586.14)

S.L. 586.14 Art. 7Post-remote biometric identification.  S.L. 586.08.

In KraftAmtlicher Text

(1) Without prejudice to the Data Protection

(Processing of Personal Data by Competent Authorities for the

Purposes of the Prevention, Investigation, Detection or Prosecution of

Criminal Offences or the Execution of Criminal Penalties) Regulations, in the framework of an investigation for the targeted search of a person suspected or convicted of having committed a criminal offence, the deployer of a high-risk AI system for post-remote biometric identification shall request authorisation from the Magistrate by means of an application, or without undue delay and not ex ante, later than forty-eight (48) hours, for the use of such system, and subject to the Magistrate providing authorisation for such use, except when it is used for the initial identification of a potential suspect based on objective and verifiable facts directly linked to the offence. Each use shall be limited to what is strictly necessary for the investigation of a specific criminal offence.

(2) If the authorisation requested pursuant to this sub-regulation is rejected, the use of the post-remote biometric identification system linked to such requested authorisation shall be terminated with immediate effect and the personal data linked to the use of the high-risk AI system for which the authorisation was requested shall be deleted.