Data Protection and Machine-Learning-Supported Decision-Making at the EU Border: ETIAS Profiling Under Scrutiny

Pesch, Paulina Jo; Dimitrova, Diana; Boehm, Franziska

doi:10.1007/978-3-031-07315-1_4

Cited by 2 publications

(4 citation statements)

References 35 publications

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“…One of the key concerns related to ETIAS is the collection and processing of personal data by the system. The system collects a range of personal information from travelers, including name, date of birth, passport details, and travel itinerary (Jo Pesch et al, 2022). To address these concerns, the ETIAS regulation includes provisions for the protection of personal data and compliance with the GDPR (European Commission, 2016).…”

Section: Etias and Data Privacymentioning

confidence: 99%

“…The regulation also requires that the system be subject to regular audits and assessments to ensure compliance with data protection laws and regulations (Jo Pesch et al, 2022).…”

Section: Etias and Data Privacymentioning

confidence: 99%

“…The ETIAS regulation includes provisions to ensure that these rights are respected and protected, and compliance with the GDPR is a key aspect of this (Jo Pesch et al, 2022). By ensuring that personal data is collected, processed, and stored in a secure and confidential manner, the ETIAS system can help to address concerns related to data privacy and data protection, while also enhancing the security of the EU's external borders.…”

Section: Etias and Data Privacymentioning

confidence: 99%

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The European Travel Information and Authorization System (ETIAS): Enhancing Counterterrorism and Counterintelligence Efforts

Kanellopoulos

2023

HAPScPBS

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The European Travel Information and Authorization System (ETIAS) is set to revolutionize border security in the European Union. Scheduled for operation in 2025, it will screen travelers from visa-exempt countries, enhancing security by identifying potential threats such as terrorism, organized crime, and illegal migration. Regulated by EU legislation and involving a detailed application process, the system collects and cross-references traveler data with various databases to assess security, public health, and migration risks. While ETIAS is a powerful tool for counterterrorism, preventing entry of potential terrorists, it is also an advanced counterintelligence asset, employing intelligence capabilities to detect espionage and Intelligence related activities and act as a deterrent to potential spies. With a comprehensive approach, the present paper describes the ETIAS promises to bolster EU security.

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Section: Etias and Data Privacymentioning

confidence: 99%

“…The regulation also requires that the system be subject to regular audits and assessments to ensure compliance with data protection laws and regulations (Jo Pesch et al, 2022).…”

Section: Etias and Data Privacymentioning

confidence: 99%

Section: Etias and Data Privacymentioning

confidence: 99%

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The European Travel Information and Authorization System (ETIAS): Enhancing Counterterrorism and Counterintelligence Efforts

Kanellopoulos

2023

HAPScPBS

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“…Algorithmic profiling refers to the process of using algorithmic systems to automatically process data against such risk criteria in order to guide surveillance decisions (Custers, 2013, p. 11-13;European Union Agency for Fundamental Rights, 2018b, p. 19;Eder, 2020, p. 27). Other terms often used in literature and practice when referring to similar processes are for example, risk assessments/profiling, automated processing, automated/algorithmic decision-making, behavioral analysis, and intelligence-led or data-driven policing (Custers, 2013, p. 11;Darroch and Mazerolle, 2013, p. 22-23;Dekkers and van der Woude, 2017;European Union Agency for Fundamental Rights, 2018b, p. 19-20;Dekkers et al, 2019;European Commission, 2020b;Pesch et al, 2022). Despite these various terms referring to similar processes, the differences in terminology can result in differing pictures, expectations, and thoughts about the process or system in question (Langer et al, 2022 p. 2-3).…”

Section: Introductionmentioning

confidence: 99%

Regulating algorithmic discrimination through adjudication: the Court of Justice of the European Union on discrimination in algorithmic profiling based on PNR data

Haitsma

2023

Front. Polit. Sci.

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This article considers the Court of Justice of the European Union's assessment and regulation of risks of discrimination in the context of algorithmic profiling based on Passenger Name Records data (PNR data). On the June 21, 2022 the court delivered a landmark judgment in Ligue des Droits Humains pertaining to discrimination and algorithmic profiling in a border security context. The CJEU identifies and seeks to regulate several risks of discrimination in relation to the automated processing of PNR data, the manual review of the results of this processing, and the resulting decisions taken by competent authorities. It interpreted whether the PNR Directive that lays down the legal basis for such profiling was compatible with the fundamental right to privacy, the right to data protection, and the right to non-discrimination. In its judgment, the CJEU seems to insufficiently assess various risks of discrimination. In particular, it overlooks risks relating to data quality and representativeness, automation bias, and practical difficulties in identifying discrimination. The judges also seem to prescribe safeguards against discrimination without guidance as to how to ensure their uniform and effective implementation. Such shortcomings can be observed in relation to ensuring the non-discriminatory nature of law enforcement databases, preventing indirectly discriminatory profiling practices based on collected PNR data, and configuring effective human-in-the-loop and transparency safeguards. This landmark judgement represents an important step in addressing algorithmic discrimination through CJEU adjudication. However, the CJEUs inability to sufficiently address the risks of discrimination in the context of algorithmic profiling based on the PNR Directive raises a broader concern. Namely, whether the CJEU is adequately equipped to combat algorithmic discrimination in the broader realm of European border security where algorithmic profiling is becoming increasingly commonplace.

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Data Protection and Machine-Learning-Supported Decision-Making at the EU Border: ETIAS Profiling Under Scrutiny

Cited by 2 publications

References 35 publications

The European Travel Information and Authorization System (ETIAS): Enhancing Counterterrorism and Counterintelligence Efforts

The European Travel Information and Authorization System (ETIAS): Enhancing Counterterrorism and Counterintelligence Efforts

Regulating algorithmic discrimination through adjudication: the Court of Justice of the European Union on discrimination in algorithmic profiling based on PNR data

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