Put the Genie Back in the Lamp? AI-Based Biometric Systems and Fundamental Rights Protection in the European Union Artificial Intelligence Act

Automated biometric systems are increasingly deployed across public and private sectors, raising urgent concerns for the protection of fundamental rights. After outlining the main legal challenges posed by the implementation of these technologies, the paper examines EU regulatory response, focusing on the recent innovations introduced by the AI Act. Particular attention is therefore attributed to the “prohibited AI practices” set out in Article 5, AI Act. The analysis explores how EU lawmakers seek to balance innovation, efficiency and security with the need to safeguard fundamental freedoms. The concluding Section identifies unresolved issues and persistent concerns, highlighting the difficulty of regulating pervasive technologies that are increasingly embedded in contemporary societies. Future regulatory efforts in this domain will be crucial to promoting human-centric and trustworthy AI systems and preventing surveillance practices.