The growing use of artificial intelligence and large-scale data analytics in law enforcement has fundamentally transformed criminal investigations in the European Union. Massive datasets generated through digital communications, encrypted platforms, and cross-border investigative cooperation increasingly serve as the basis for algorithmic analysis supporting investigative and prosecutorial decisions. While these technologies may significantly enhance investigative capacity, they also raise serious concerns regarding the protection of fundamental rights, including privacy, data protection, non-discrimination, and the right to a fair trial.
This article examines how data-driven technologies may endanger fundamental rights within the European legal order and analyses the safeguards introduced by the European Union’s regulatory framework. Particular attention is devoted to the interaction between the Artificial Intelligence Act, the General Data Protection Regulation, and Directive (EU) 2016/680 on data protection in law enforcement. The article also discusses the implications of the Europol data-governance case and recent developments in the regulation of cross-border electronic evidence.
Read the article here.