THE EU AI ACT AND CRIMINAL JUSTICE: REGULATORY CHALLENGES FOR BIOMETRIC AND IMAGE RECOGNITION TECHNOLOGIES
Abstract
The EU’s applicable regulatory framework defines specific rules for cases in which AI-driven biometric and image recognition tools are used in criminal investigations. At the same time, the regulatory framework comprises multiple applicable legal instruments. This paper analyzes how the EU AI Act and the Law Enforcement Directive jointly govern police use of image-based AI, focusing on prohibited practices, high-risk classifications, and transparency duties, and clarifying their interaction with GDPR during system training. It then examines operational implications for law enforcement agencies developing or deploying image-recognition systems, including evidentiary reliability, human oversight, and organizational safeguards against automation bias and “silent omission”. Finally, it evaluates the proposed Digital Omnibus and Digital Omnibus on AI and their potential to recalibrate data-access and compliance timelines for law-enforcement AI. The paper offers a normative and practical roadmap for aligning powerful image-recognition tools with fundamental-rights protection and sustainable criminal-justice legitimacy.
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