The article analyzes whether regulatory sandboxes are a legally intended and useful instrument to create pathways for law enforcement agencies using cutting-edge AI systems in compliance with fundamental rights. It takes a deeper look at the provisions of the EU AI Act for regulatory sandboxes and testing under real-world conditions in contexts relevant to law enforcement. Using a legislative process in Germany as a case study, the article shows the imminent tension of innovative AI systems between modern investigation tools in the digital age, as well as potential pathways towards disproportionate surveillance of citizens. The author suggests taking the extra mile through regulatory sandboxes instead of crafting legal foundations quickly under the influence of current political pressure: On the long run this can save tax money, avoid dependencies to tech companies and pave a European way of AI systems that respect digital human rights in an appropriate manner.
