"Finding the needle without exposing the haystack": how to preserve fundamental rights in AI-driven analysis of data in criminal investigations?

  • Panel
  • Class Room
  • Wednesday 20.05 — 08:45 - 10:00

Organising Institution

Vrije Universiteit Amsterdam

Netherlands

The Vrije Universiteit Amsterdam is organizing this panel in the context of the NWO-funded AI4Intelligence project. Law enforcement is faced with huge amounts of data from online platforms, digital marketplaces, or communication services. Finding evidence in such large collections of text, images, and other data and bringing it to court is a time-consuming process. Artificial Intelligence tools are a promising way to make this more efficient and effective. But currently no clear legal regulations for AI tools are in place. In AI4Intelligence we let AI tool development, the use of the tools by investigators, and legal regulations go hand-in-hand so investigations lead to trustworthy evidence that is admissible in court.
  • Academic 4
  • Policy 2
Due to the increasing datafication of the lives of European citizens, the collection and especially the analysis of large datasets through AI systems becomes an ever more important tool for criminal investigations. Examples of such datasets are those resulting from the EncroChat and Sky ECC cryptophone operations, but even modern smartphones may yield enormous amounts of data, revealing personal information about many individuals that are of no interest to law enforcement whatsoever. When the outcome of the analysis of such datasets is used during criminal proceedings, the fundamental rights of both the defendant and other individuals may be compromised. In this session, we will critically examine how AI systems can be adopted for the analysis of large datasets in criminal investigations, and which possibilities exist for ensuring that fundamental rights of suspects, defendants and others are still respected.

Questions to be answered

  1. How can defendants challenge the use of evidence retrieved from datasets using complex AI systems?
  2. How do traditional fair trial principles relate to the evidence retrieved from datasets using AI systems?
  3. Can the right to the protection of personal data and the right to respect for private life ensure the finality of what law enforcement does with collected datasets?
  4. Can the AI Act contribute to protecting the right to a fair trial, the protection of personal data, and respect for private life?

Speaker

Teresa Quintel

European Parliament - Secretariat of the LIBE Committee - International

Speaker

Lonneke Stevens

Dutch Police

Lonneke Stevens, she is the former professor of criminal (procedural) law at the VU, but she now works for the Dutch police, as the head of a program for implementing data-driven strategies