Concerns Mount Over Impact of EUs Border Management IT Systems on Fundamental Rights

Such conclusions have been reached in its annual 2023 report, AtoZSerwisPlus.com reports.

The FRA’s survey published on June 8 noted that the implementation phase is crucial in order to ensure that these safeguards are not purely on paper, stressing that the legal instruments establishing these three systems have notable fundamental rights safeguards, taking also into account the relation to data protection and discrimination.

“Numerous safeguards embedded in EU law are intended to mitigate the risks of fundamental rights violations, provided they are adequately implemented. However, the EU IT systems are just coming into operation, and we are still discovering how several aspects work together. Their potentially vast impact on fundamental rights, therefore, remains partly unknown,” the report says.

A report by Euractiv says that some digital rights advocacy groups together with civil society researchers have echoed the concerns raised by FRA, especially related to the operations of ETIAS which is expected to be officially launched in 2024, after being postponed several times.

A researcher at the University of Oxford, Derya Ozkul, told Euractiv that while such technologies can expedite decision-making processes, they also surge vulnerabilities for persons seeking asylum, while she stressed that they involve inherent risk of bias, as well as potential machine mistakes, among others.

A report provided previously by the European Border and Coast Guard Agency (Frontex) said that once the European Travel Information and Authorization System (ETIAS) becomes effective, the share of rejected applications will decrease significantly.

In addition, Frontex estimated that about 97 per cent of applicants for an ETIAS will be approved automatically within minutes.

Still, the agency noted that the remaining three per cent would be reviewed manually by the ETIAS Central Unit as well as the National Units for final decision.

“Travellers who do not have a valid travel authorisation will be refused boarding by the carrier (for example, an airline, bus or ferry company),” Frontex noted through a statement.

However, according to Euractiv report, the use of AI in risk management as well as profiling systems increased a broad range of structural as well as fundamental rights considerations, as Access Now, digital rights advocacy group highlighted.

The same emphasized that such technologies go against the right to non-discrimination in the migration context insofar.

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