Guidelines on the implementation of the transparency obligations for certain AI systems under Article 50 of the AI Act — C(2026) 5054 final, Annex

(109) The information obligation does not apply to emotion recognition systems and biometric categorisation systems that are permitted by law to detect, prevent or investigate criminal offences subject to appropriate safeguards for the rights and freedoms of third parties and in accordance with Union law. The clarifications provided for this exception in points 46-48 above are also relevant in this case with one difference. While the other exceptions in Article 50 AI Act require an explicit law authorising the non-transparent use of the AI systems, Article 50(3) AI Act makes such use possible when permitted under the legal rules governing the powers of law enforcement authorities to use emotion recognition and biometric categorisation systems to detect, prevent, or investigate criminal offences without informing the persons concerned, subject to appropriate safeguards.