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Annex II

Criminal Offences for Biometric Identification Exception

Plain-Language Summary

Lists serious crimes (at least 4 years imprisonment) for which real-time biometric surveillance in public spaces may be used by law enforcement under the Article 5(1)(h) exception.

Keywords

biometric identificationlaw enforcementcriminal offencesterrorismtraffickingpublic spaces

Legal Text

Annex II — Criminal Offences referred to in Article 5(1)(h)(iii)

The criminal offences listed below are those for which the use of real-time remote biometric identification systems in publicly accessible spaces for law enforcement purposes may be exceptionally permitted:

- Terrorism
- Trafficking in human beings
- Sexual exploitation of children
- Illicit trafficking in narcotic drugs and psychotropic substances
- Illicit trafficking in weapons, munitions and explosives
- Murder, grievous bodily injury
- Illicit trade in human organs and tissue
- Kidnapping, illegal restraint and hostage-taking
- Crimes within the jurisdiction of the International Criminal Court
- Unlawful seizure of aircraft/ships
- Rape
- Environmental crime (when causing death)
- Counterfeiting currency
- Computer-related crime
- Corruption
- Organised crime participation

All offences must carry a maximum penalty of at least 4 years imprisonment.