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ARTICLE · 19 JULY 2024

The Time To (AI) Act Is Now: A Practical Guide To Biometric Categorisation Systems Under The AI Act

William Fry LLP
William Fry LLP
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William Fry LLP

William Fry LLP

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The AI Act's treatment of biometric categorisation systems is nuanced, particularly when distinguishing between prohibited and high-risk applications.

European UnionTechnology
Barry Scannell
Barry Scannell
Leo Moore
Leo Moore
Rachel Hayes
Rachel Hayes
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The AI Act's treatment of biometric categorisation systems is nuanced, particularly when distinguishing between prohibited and high-risk applications.

Article 3(40) defines a biometric categorisation system as one that assigns individuals to specific categories based on biometric data, unless it is ancillary to another commercial service and necessary for technical reasons. This distinction is crucial in understanding the broader regulatory landscape.

A. Overview of Biometric Categorisation Systems under the AI Act

Biometric data, as defined in Article 3(34), includes personal data resulting from processing related to physical, physiological, or behavioural characteristics. Article 3(35) extends this to biometric identification, involving the automated recognition of these characteristics to establish identity. The AI Act, therefore, places significant emphasis on the sensitivity and potential misuse of such data.

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