Technical

Predictive Policing

AI systems that analyze data to predict where crimes may occur or who may commit or be victims of crimes.

Definition

Predictive Policing refers to AI systems used by law enforcement to analyze historical crime data, demographics, and other information to predict where crimes are likely to occur (place-based) or who may be involved in criminal activity (person-based).

EU AI Act Classification: Predictive policing systems face significant restrictions:

  • Prohibited (Article 5(1)(d)): AI systems that assess the risk of natural persons committing criminal offences solely based on profiling or personality traits—this effectively prohibits person-based predictive policing
  • High-Risk (Annex III, 6(d)): Polygraphs and similar tools to detect deception or assess reliability during law enforcement investigations

Key Regulatory Concerns:

  • Discrimination: Systems may perpetuate historical biases in policing data
  • Presumption of innocence: Targeting individuals based on predicted future behavior
  • Self-fulfilling prophecy: Increased policing in predicted areas creates more arrests
  • Transparency: Often proprietary systems with limited explainability

Jurisdictional Status:

  • EU: Person-based predictive policing prohibited; place-based may be high-risk
  • US: No federal ban; some cities have restricted or abandoned programs (Santa Cruz, Los Angeles)
  • UK: Some programs discontinued; data protection concerns under UK GDPR

Related concepts: Profiling, Social Scoring, Algorithmic Discrimination, Fundamental Rights Impact Assessment

Sources

  • EU AI Act Annex III
  • Civil Rights Concerns