Frontex ignores rights impact in border biometrics forecast, paper claims

Frontex’s seminal research on the most promising biometric technologies in border control during the next 20 years has a major flaw: The report never considered the technologies’ impact on fundamental rights and data protection, according to a new paper examining the research from a legal perspective.

The EU border agency’s report “Technology Foresight on Biometrics for the Future of Travel” was published in 2022 after nine months of intensive research. The paper examines tech that could be implemented by the European Border and Coast Guard (EBCG) in border check systems in the short, medium and long term up until 2040.

Using Delphi forecasting methods, the study identifies five key biometric technologies that would shape the future of borders and travel, including infrared and 3D techniques for face recognition, near-infrared and visible-light techniques for iris recognition and contactless techniques for friction ridge recognition.

A legal examination of Frontex’s research, however, claims that the agency has failed to provide a legal assessment on whether these technologies could infringe rights. Instead, it simply acknowledges that there are “risks,” according to a new paper published in the European Papers journal.

“Any study approaching biometric technologies either as a policy or a technological phenomenon should examine the legal requirements for their application, which Frontex in its Study fails to do,” the paper notes.

The paper, authored by PhD researcher at the Zagreb University Matija Kontak, argues that a data protection impact assessment could be required according to GDPR. The research was published as part of project AFAR: Algorithmic Fairness for Asylum Seekers and Refugees, funded by the Volkswagen Foundation.

Kontak’s paper also delves into the EU agency’s spotty reputation in handling biometric data of migrants. According to reports, Frontex has attempted to sideline European data protection watchdogs from examining the Processing Personal Data for Risk Analysis (PeDRa) program, which aims to collect DNA, fingerprints and photographs from migrants. The border agency has also been accused of holding secretive meetings with biometric companies and building a “border-industrial complex.”

In response to these complaints, Frontex has been reforming its organization, introducing new bodies to advise on fundamental rights.

Article Topics

biometrics  |  border security  |  data protection  |  Frontex