As explained in Recital 59 AI Act, given their role and responsibility, actions by law enforcement authorities involving certain uses of AI systems are characterised by a significant degree of power imbalance and may lead to surveillance, arrest or deprivation of a natural person’s libertyas well , as other adverse impacts on fundamental rights guaranteed in the EU Charter of Fundamental Rights. Therefore, the AI Act designates law enforcement as one of the areas in which specific applications of AI systems may entail considerable risks to t he health, safety, and fundamental rights of natural and legal persons.
Point 6 of Annex III AI Act lists five high-risk use cases in which AI systems intended to be used in the area of law enforcement are classified as high-risk. These use cases were considered by the Union legislat ure as situations in which accuracy, reliability and transparency are particularly important to avoid adverse impacts, retain public trust and ensure accountability and effective redress (Recital 59). As explained in Section 2.6 above, the fact that an AI system is classified as a high-risk AI system under these use cases should not be understood to mean that the use of the system is lawful under other acts of Union law or under national law compatible with Union law.