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(39)
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Any processing of biometric data and other personal data involved in the use
of AI systems for biometric identification, other than in connection to the use of real-time
remote biometric identification systems in publicly accessible spaces for the purpose of law
enforcement as regulated by this Regulation, should continue to comply with all requirements
resulting from Article 10 of Directive (EU) 2016/680. For purposes other than law
enforcement, Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation
(EU) 2018/1725 prohibit the processing of biometric data subject to limited exceptions as
provided in those Articles. In the application of Article 9(1) of Regulation (EU) 2016/679,
the use of remote biometric identification for purposes other than law enforcement has already
been subject to prohibition decisions by national data protection authorities.
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