Forensics under the Artificial Intelligence Act

Artificial intelligence (AI) based methods are expected to become an essential part of forensics in the coming decades. In 2024 the European Parliament and Council enacted the Artificial Intelligence Act to protect fundamental rights against the potential adverse effects of AI applications. Under the Act, AI systems used in justice and law enforcement are classified as high-risk, imposing strict obligations on both the users and providers. Our study aimed to determine whether forensic experts will fall within the scope of provisions on high-risk systems. Furthermore, to identify potential obligations and penalties, as well as the competent authorities. Our findings indicate that: i) forensic AI systems used by expert witnesses will not be considered high-risk under the current Act; ii) forensic AI systems used by experts contracted or employed in the law enforcement or judiciary will be considered high-risk. Nonetheless, due to practical considerations, it is likely that in cases where expert witnesses decide to use AI systems, most judicial authorities will expect them to use systems compliant with the high-risk regulations. Additionally, while the European Commission has the power to amend the classification of high-risk areas, we have established that the necessary amendment would require only a change of a single letter. Consequently, the use of AI systems by forensic expert witnesses would entail strict technical and supervisory obligations, with non-compliance potentially resulting in i.a. administrative fines.