Real‑time Remote Biometric Identification
Live identification of individuals using remotely captured biometric data.
How the laws define this
Both regulatory texts agree that real-time remote biometric identification centers on capturing live biometric data, such as from live video, and comparing or matching it against biometric reference databases to identify persons in real time. They also concur on treating such uses with severe regulatory scrutiny as high-impact or high-risk activities subject to enhanced safeguards. The most critical divergence lies in their operational scope and specified procedural consequences. Regulation (EU) 2024/1689 applies broadly to the identification process itself, emphasizing that many uses in public spaces and law-enforcement contexts face strict restrictions, transparency obligations, and effective prohibitions. By contrast, Legal Notice 227 of 2025 specifically defines these AI systems around their deployment in publicly accessible spaces and establishes explicit procedural prerequisites rather than prohibitions, mandating prior Magistrate authorisation alongside mandatory notification to the Information and Data Protection Commissioner under operational confidentiality limits.
Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.
Definitions (2)
The process of identifying a person in real time by capturing biometric data (for example from live video) and comparing it to biometric identifiers in a database; the Regulation treats many uses of real‑time remote biometric identification—notably in public spaces and certain law‑enforcement contexts—as high‑impact, subject to strict restrictions and transparency obligations, with some applications effectively prohibited.
RBI refers to AI systems that perform remote, live identification of persons in publicly accessible spaces by matching captured biometric data against biometric reference datasets; the Notice treats such uses as high‑risk and subjects them to enhanced safeguards, including prior Magistrate authorisation and mandatory notification to the IDPC (with operational confidentiality limits).
Not to be confused with
Real-time remote biometric identification specifically involves real-time processing, whereas remote biometric identification does not necessarily require real-time processing.
Questions and answers
What safeguards apply to real-time remote biometric identification?
In Malta, it is subject to enhanced safeguards, including prior Magistrate authorisation and mandatory notification to the IDPC.
What does the EU AI Act say about real-time remote biometric identification?
Under the EU AI Act, many uses of real-time remote biometric identification in public spaces and certain law-enforcement contexts are subject to strict restrictions and transparency obligations.
What is required for real-time remote biometric identification in Malta?
In Malta, it requires prior Magistrate authorisation and mandatory notification to the IDPC.
Related Terms
real-time identification
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Real‑time Remote Biometric Identification (RBI)
Biometric identification of persons in public spaces in real time....
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