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In many applications of forensic image analysis, state-of-the-art results arenowadays achieved with machine learning methods. However, concerns about theirreliability and opaqueness raise the question whether such methods can be usedin criminal investigations. So far, this question of legal compliance hashardly been discussed, also because legal regulations for machine learningmethods were not defined explicitly. To this end, the European Commissionrecently proposed the artificial intelligence (AI) act, a regulatory frameworkfor the trustworthy use of AI. Under the draft AI act, high-risk AI systems foruse in law enforcement are permitted but subject to compliance with mandatoryrequirements. In this paper, we review why the use of machine learning inforensic image analysis is classified as high-risk. We then summarize themandatory requirements for high-risk AI systems and discuss these requirementsin light of two forensic applications, license plate recognition and deep fakedetection. The goal of this paper is to raise awareness of the upcoming legalrequirements and to point out avenues for future research.

Compliance Challenges in Forensic Image Analysis Under the Artificial Intelligence Act