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(159)
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Each market surveillance authority for high-risk AI systems in the area of
biometrics, as listed in an annex to this Regulation insofar as those systems are used for the
purposes of law enforcement, migration, asylum and border control management, or the
administration of justice and democratic processes, should have effective investigative and
corrective powers, including at least the power to obtain access to all personal data that are
being processed and to all information necessary for the performance of its tasks. The market
surveillance authorities should be able to exercise their powers by acting with complete
independence. Any limitations of their access to sensitive operational data under this
Regulation should be without prejudice to the powers conferred to them by Directive
(EU) 2016/680. No exclusion on disclosing data to national data protection authorities
under this Regulation should affect the current or future powers of those authorities beyond the
scope of this Regulation.
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