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(34)
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In order to ensure that those systems are used in a responsible and
proportionate manner, it is also important to establish that, in each of those exhaustively
listed and narrowly defined situations, certain elements should be taken into account, in
particular as regards the nature of the situation giving rise to the request and the
consequences of the use for the rights and freedoms of all persons concerned and the safeguards
and conditions provided for with the use. In addition, the use of ‘real-time’ remote biometric
identification systems in publicly accessible spaces for the purpose of law enforcement should
be deployed only to confirm the specifically targeted individual’s identity and should be
limited to what is strictly necessary concerning the period of time, as well as the geographic
and personal scope, having regard in particular to the evidence or indications regarding the
threats, the victims or perpetrator. The use of the real-time remote biometric identification
system in publicly accessible spaces should be authorised only if the relevant law enforcement
authority has completed a fundamental rights impact assessment and, unless provided
otherwise in this Regulation, has registered the system in the database as set out in this
Regulation. The reference database of persons should be appropriate for each use case in each of
the situations mentioned above.
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