By Christian Cochran

Emerging technologies, especially artificial intelligence (AI), are rapidly transforming law enforcement operations. These advancements offer numerous benefits, such as enhanced efficiency, improved public safety, and cost-saving measures for agencies. AI technologies, like predictive policing and facial recognition, hold promises for reducing crime rates and improving investigative efficiency. Yet, significant ethical dilemmas and privacy issues arise from their use, in turn necessitating careful policymaking and oversight. Various case studies illustrate both positive and negative outcomes of AI applications in law enforcement, emphasizing the need for transparency and community involvement. To manage the use of these emerging technologies effectively, state legislatures should explore policy changes and regulatory frameworks. Recommendations include promoting transparency, ensuring oversight, and establishing acceptable use standards. Involving community stakeholders in discussions about AI deployment is also advocated to build trust and accountability between law enforcement and the public. Challenges posed by AI technologies include balancing innovation with presumed privacy. Important United States Supreme Court cases shape the legal landscape regarding privacy expectations and technology use by law enforcement. Additionally, concerns about how the increasing volume of data collected by AI systems is used and protected lead to calls for stricter data privacy laws. While AI offers significant opportunities for improving law enforcement practices, it is crucial to address the accompanying ethical, legal, and privacy challenges. A balanced approach that promotes innovation while safeguarding citizens’ rights and fostering public trust in law enforcement practices is essential to ensuring the right-sized proper implementation of the technology.

Austin, TX Texas Public Policy Foundation and Right on Crime, Right on Crime, 2025. 28p.

By Beatrix Immenkamp

The EU's High-Level Group on access to data for law enforcement (HLG) has identified digital forensics as one of three key areas requiring progress to allow law enforcement agencies to fight crime effectively, together with data retention and lawful interception. Member States possess the expertise and have the capacity to engage in digital forensics, defined as the collection, analysis and preservation of digital evidence stored in any digital form on an electronic device. However, the ability of law enforcement agencies to access data stored on confiscated devices differs widely among Member States. According to the HLG, much could be gained by law enforcement agencies sharing both know-how and technical solutions, but the absence of comparable capacities among digital forensics laboratories and the general lack of standardised forensics procedures and of mechanisms enabling the recognition of skills and expertise of digital forensics experts are obstacles to cross-border cooperation. Europol, the European Union Agency for Law Enforcement Cooperation, already plays an important role in digital forensics. The Commission would like Europol to evolve further into a centre of excellence for operational expertise in this field. Encryption lies at the heart of the debate around digital forensics. Encryption is vital to protecting personal data and fundamental rights. However, it also represents an obstacle to criminal investigation, and hence a threat to security in Europe. The Commission will present a technology roadmap on encryption in 2026, to identify technological solutions that would enable law enforcement authorities to access encrypted data in a lawful manner, while safeguarding cybersecurity and fundamental rights. In its capacity as co-legislator, the European Parliament has actively engaged in shaping policies concerning law enforcement access to data, balancing the need for effective crime prevention with the protection of fundamental rights. This is one of four briefings that explore different aspects of the roadmap for effective and lawful access to data for law enforcement. These include a summary of the roadmap, and briefings on lawful interception, data retention and digital forensics.

Brussels:  EPRS | European Parliamentary Research Service , 2025. 8p.