EU AI Act Bans Untargeted Facial Recognition

Under Article 5 of the EU AI Act, it is strictly prohibited -as of 2 February 2025- to create or expand facial recognition databases through untargeted scraping of images sourced from the internet or CCTV footage.

Recital 43 of the EU AI Act further clarifies:

“The placing on the market, the putting into service for that specific purpose, or the use of AI systems that create or expand facial recognition databases through the untargeted scraping of facial images from the internet or CCTV footage, should be prohibited because that practice adds to the feeling of mass surveillance and can lead to gross violations of fundamental rights, including the right to privacy”.

What does this mean in practice?

The indiscriminate collection of facial images from online sources or public cameras for the purpose of building or expanding facial recognition databases constitutes a prohibited practice under Article 5 of the EU AI Act. Effective from 2 August 2025, any organisation found in violation of this prohibition may be subject to substantial administrative fines—specifically, up to €35 million or 7% of the total worldwide annual turnover for the preceding financial year, whichever amount is higher.

Is your organization aligned with the EU AI Act?

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