Responsibility and Accountability for the use of AI in Law Enforcement in the European Union

Lost in Negotiations?

Abstract

This paper examines the EU AI Act’s application to law enforcement, highlighting how this sector is incorporated into the risk-based approach and assessing the extent to which such incorporation could weaken safeguards for individuals. It argues that, although the newly created accountability framework is complex, it offers only limited remedies for affected individuals. To ensure genuine protection of fundamental rights, the exceptions (‘backdoors’) embedded in the framework must be critically examined, contestability mechanisms must be strengthened, and the responsibilities of providers and deployers of high-risk AI must be clarified. Where appropriate, a rights-based approach should be integrated into the risk-based approach to underscore that fundamental rights are non-negotiable. This integration is essential to align the use of AI with the AI Act’s twin objectives of protecting fundamental rights and promoting innovation.