guidance

High-risk § 3.6.4

Point 6(c): AI systems intended to be used to evaluate the reliability of evidence

Official source ↗

(363)

Point 6(c) of Annex III classifies as high risk AI systems intended to be used by or on behalf of law enforcement authorities, or by Union institutions, bodies, offices or agencies in support of law enforcement authorities, to evaluate the reliability of evidence in the course of the investigation or prosecution of criminal offences. The provision refers to ‘evaluation of reliability of evidence’ and as such focuses only on this specific task and only in the course of an open criminal investigation or prosecution.

(364)

In the context of law enforcement activities, evaluating the reliability of evidence means assessing how trustworthy, accurate, and credible the evidence is in the case it is used in investigations, arrests, or prosecutions. This encompasses, in particular, the court-proof verification of the authenticity of evidence prior to conducting in-depth investigations or making arrests or other prosecussion action. The core function of AI systems covered by this use case is the evaluation of evidentiary reliability. This may include, for instance:

  • authenticity verification;
  • data integrity checks;
  • source reliability assessment;
  • evaluation whether the evidence aligns with other available information or is internally consistent.
(365)

This does not include AI systems that are intended to be used for working with the information collected, but that are not intended to be used for the evaluation of reliability of evidence. Examples of such tasks that are not falling under the scope of ‘evaluation of reliability of evidence’ (and thus are outside of point 6 AI Act) , include collecting, arranging and structuring of information, data extraction and linking, document clustering, timeline reconstruction, visualisation, indexing of documents, duplicate detection, search in its various forms (including, for example, keyword-based queries, similarity/fuzzy, knowledge‑graph search, and multimodal and semantic retrieval across text, audio, image or video , translation and transcription, as well as data structuring and standardisation.

a) Practical examples of AI systems falling within the use case of point 6(c)

Authenticity verification

b) Practical examples of AI systems falling outside the use case of point 6(c)

Image enhancement and data recovery

c) Practical examples of AI systems falling within the use case but exempted by the filter mechanism in Article 6(3) AI Act