This article addresses critical challenges in the intersection of artificial intelligence, crime investigation and digital forensics, particularly in light of the proposed Regulation on Artificial Intelligence in the European Union. The focus is on mitigating biases caused by databases and algorithms, with real-world examples highlighting discriminatory biases in criminal proceedings. The article emphasises the necessity of addressing biases in both data and algorithmic decision-making to ensure fair outcomes. Another key concern explored is the lack of traceability in AI-based decisions, posing challenges to accountability and transparency, especially in the context of criminal investigations. Additionally, the article delves into the protection of private and family data in the vast datasets analysed by AI systems, referencing a legal case that underscores the potential violation of the right to a fair trial. To address this, the article proposes the development of anonymisation systems to safeguard individuals’ privacy rights. The overarching theme is the need for ethical considerations and legal frameworks to guide the responsible development and deployment of AI tools in digital forensics.

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Legal and Technical Challenges of AI in the Field of Criminal Investigations

  • Devika Pérez-Medina,
  • Nicolás Madrid,
  • Piotr A. Kowalski

摘要

This article addresses critical challenges in the intersection of artificial intelligence, crime investigation and digital forensics, particularly in light of the proposed Regulation on Artificial Intelligence in the European Union. The focus is on mitigating biases caused by databases and algorithms, with real-world examples highlighting discriminatory biases in criminal proceedings. The article emphasises the necessity of addressing biases in both data and algorithmic decision-making to ensure fair outcomes. Another key concern explored is the lack of traceability in AI-based decisions, posing challenges to accountability and transparency, especially in the context of criminal investigations. Additionally, the article delves into the protection of private and family data in the vast datasets analysed by AI systems, referencing a legal case that underscores the potential violation of the right to a fair trial. To address this, the article proposes the development of anonymisation systems to safeguard individuals’ privacy rights. The overarching theme is the need for ethical considerations and legal frameworks to guide the responsible development and deployment of AI tools in digital forensics.