What applies to public authorities on top of the deployer obligations?
Three points. First, registration in the EU database before putting an Annex III system into service. Second, the fundamental rights impact assessment under Art. 27, which affects the group named in the provision and there mainly public bodies. Third, for post-remote biometric identification, authorisation by a judicial or administrative authority.
By when must our existing systems meet the requirements?
By 2 August 2030. Unlike in the private sector, where existing systems are only covered upon a substantial modification, a fixed deadline applies to systems intended to be used by public authorities. An implementation plan per existing system with milestones is the usual evidence.
- Evidence
- Implementation plan per existing system with milestones
How do we register a system in the EU database?
Before putting the system into service the authority registers itself and enters the system. The registration doubles as a pre-check: if the provider entry is missing, that is a solid signal that the procurement should not yet be concluded.
What applies to post-remote biometric identification?
Anyone using it in the course of an investigation applies in advance or without delay, at the latest within 48 hours, for authorisation by a judicial or administrative authority. What matters is a procedure that holds the 48 hours at night and at weekends too. An annual report to the market surveillance and data protection authorities is also required.
Must we inform staff and their representatives?
Yes, in advance, where a high-risk system is used at the workplace, under Art. 26(7). Affected persons must be informed under Art. 26(11), and at the point where the decision is made. A note in a general statement usually does not reach them.
May we use the free edition in a public authority?
As a rule, no. The Community Edition licence permits general public administration activity only where it itself constitutes permitted non-commercial education or academic research. For ongoing administrative work the professional edition is the right one. The three single modules are open for a first orientation.
How do we start with a single system?
With the quick check for a first classification, then the application itself for role, risk class, threats and mitigations. The report captures header data, every assessment step with result, reasoning and evidence, and the open points, and it is that report which serves as evidence in the file.
What does the application explicitly not do for a public authority?
It registers nothing in the EU database and files no application. It replaces neither legal advice nor an assessment of the individual case. It keeps no record of processing activities and replaces no case file. And it makes no decision on a procurement.