Annex III expert page
Biometrics AI Act expert | Zahed Ashkara
For biometric identification, categorisation and emotion recognition, the right order matters: prohibition first, then high-risk, then evidence.
Have a biometric AI use case reviewed against Article 5, Annex III point 1, GDPR and required safeguards.
Annex III point 1
When this is relevant
The Commission guidelines treat biometrics as a separate high-risk area with three routes: remote biometric identification, biometric categorisation and emotion recognition. The first question is whether Article 5 prohibits the system, and only then whether Annex III point 1 makes it high-risk.
Core question
Can this biometric system be used at all, or does Article 5 need to be checked first?
Use cases from the guidelines
Remote biometric identification
AI systems that identify natural persons remotely based on biometric data.
Biometric categorisation
Systems that categorise persons using biometric data, with a strict boundary against prohibited practices.
Emotion recognition
AI systems that infer emotions or intentions, with special attention to work and education where prohibitions may apply.
Biometrics classification check
Have a biometric AI use case reviewed against Article 5, Annex III point 1, GDPR and required safeguards.