Review article
https://doi.org/10.54070/hljk.31.1.4
The Use of Predictive Policing Designed for Law Enforcement Authorities: The European Union Perspective
Ivan Vidaković
orcid.org/0000-0002-7003-632X
; Sveučilište J.J.Strosssmayer Pravni fakultet Osijek
*
* Corresponding author.
Abstract
Artificial intelligence has become an integral facet of everyday life. Simultaneously, criminal law has not remained impervious to modernisation processes, primarily facilitated through the integration of artificial intelligence systems into traditional activities, processes, stages, and actions. Predictive policing systems, designed to anticipate future criminal offences, including the area where the offence might be committed, the perpetrator, and the potential victim, have served for many years as effective tools for redirecting law enforcement efforts from reactive to preventive measures. However, the expeditious processing of vast amounts of dana carries inherent risks, chiefly manifested in data quality, transparency, and accuracy. Given the implications of employing predictive policing systems within the purview of law enforcement authorities, any associated risks necessitate careful regulation and control to ensure the acceptability of such systems. A significant endeavour to address and mitigate these risks is evident in the European Union’s efforts to regulate artificial intelligence through the Artificial Intelligence Act, representing one of the most comprehensive attempts in this domain. In assessing the proposed regulation, this paper primarily scrutinises the fragmented approach to defining artificial intelligence and the risk-based approach, a crucial aspect for the regulation of predictive policing systems. The evaluation of predictive systems extends to an exploration of their purpose, discerning the concrete implications of their use for fundamental human rights and freedoms. Subsequently, the paper delves into an analysis of past practices, examining specific systems and countries to elucidate practical challenges encountered in their application within a legal framework, as evidenced by relevant court decisions. The concluding section of the paper concentrates on scrutinising the European Union’s regulation of artificial intelligence. This examination seeks to determine whether predictive policing systems align with the stringent criteria established for high-risk systems, as initially outlined in the proposal, or whether a more restrictive perspective, possibly entailing the complete prohibition of their use as outlined through the amendments to the Artificial Intelligence Act, is the correct interpretation.
Keywords
Hrčak ID:
328277
URI
Publication date:
28.11.2024.
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