Predictive policing and predictive justice: Ethics, data protection, and the AI act

In the latest years, there has been an increasing tingrend for police forces and judicial authorities to employ predictive profiling technologies in justice and law enforcement, posing major risks to fundamental rights of citizens. These systems create ontologies, perform risk assessment, and even predict the probability of re-offense. However, there is a lack of transparency in how those systems are trained, tested, validated and employed, and research has shown that they are biased against marginalized groups. The EU Artificial Intelligence Act, by introducing a new legal basis for the processing of special categories of personal data without appropriate safeguards, and without a coherent legal framework with the Law Enforcement Directive, creates a source of potential issues detrimental to data subjects’ rights and freedoms. This article explores the intersection between the AI Act and the LED Directive, highlighting gaps and inconsistencies in the related legal framework.

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Publication Details

Journal
Computer law & security review
Published
2026-03-21
DOI
https://doi.org/10.1016/j.clsr.2026.106282
Primary Topic
Ethics and Social Impacts of AI
Type
article
Field-Weighted Citation Impact
0.00
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article

Predictive policing and predictive justice: Ethics, data protection, and the AI act

Chiara Gallese
Computer law & security review
Ethics and Social Impacts of AI
article

Predictive policing and predictive justice: Ethics, data protection, and the AI act

Chiara Gallese
article en

Abstract

In the latest years, there has been an increasing tingrend for police forces and judicial authorities to employ predictive profiling technologies in justice and law enforcement, posing major risks to fundamental rights of citizens. These systems create ontologies, perform risk assessment, and even predict the probability of re-offense. However, there is a lack of transparency in how those systems are trained, tested, validated and employed, and research has shown that they are biased against marginalized groups. The EU Artificial Intelligence Act, by introducing a new legal basis for the processing of special categories of personal data without appropriate safeguards, and without a coherent legal framework with the Law Enforcement Directive, creates a source of potential issues detrimental to data subjects’ rights and freedoms. This article explores the intersection between the AI Act and the LED Directive, highlighting gaps and inconsistencies in the related legal framework.

Computer law & security reviewVol. 61
TIAS School for Business and Society (NL), Tilburg University (NL)
Peace, Justice and strong institutions
Openalex Percentile: Top 15%
Ethics and Social Impacts of AI
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