  In many applications of forensic image analysis, state-of-the-art results are
nowadays achieved with machine learning methods. However, concerns about their
reliability and opaqueness raise the question whether such methods can be used
in criminal investigations. So far, this question of legal compliance has
hardly been discussed, also because legal regulations for machine learning
methods were not defined explicitly. To this end, the European Commission
recently proposed the artificial intelligence (AI) act, a regulatory framework
for the trustworthy use of AI. Under the draft AI act, high-risk AI systems for
use in law enforcement are permitted but subject to compliance with mandatory
requirements. In this paper, we review why the use of machine learning in
forensic image analysis is classified as high-risk. We then summarize the
mandatory requirements for high-risk AI systems and discuss these requirements
in light of two forensic applications, license plate recognition and deep fake
detection. The goal of this paper is to raise awareness of the upcoming legal
requirements and to point out avenues for future research.
