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(95)
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Without prejudice to applicable Union law, in particular Regulation (EU)
2016/679 and Directive (EU) 2016/680, considering the intrusive nature of post-remote biometric
identification systems, the use of post-remote biometric identification systems should be
subject to safeguards. Post-remote biometric identification systems should always be used in
a way that is proportionate, legitimate and strictly necessary, and thus targeted, in terms
of the individuals to be identified, the location, temporal scope and based on a closed
data set of legally acquired video footage. In any case, post-remote biometric identification
systems should not be used in the framework of law enforcement to lead to indiscriminate
surveillance. The conditions for post-remote biometric identification should in any case not
provide a basis to circumvent the conditions of the prohibition and strict exceptions for
real time remote biometric identification.
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