Prospective Implementation of AI for Enhancing European (In)security: Challenges in Reasoning of Automated Travel Authorization Decisions

Csatlós, Erzsébet (2024) Prospective Implementation of AI for Enhancing European (In)security: Challenges in Reasoning of Automated Travel Authorization Decisions. COMPUTER LAW & SECURITY REVIEW : THE INTERNATIONAL JOURNAL OF TECHNOLOGY LAW AND PRACTICE, 54. No.-105995. ISSN 0267-3649 (print); 1873-6734 (online)

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Abstract

The European Travel Information and Authorisation System, along with the automated decision-making system for immigration filtering, is soon to become a guardian controlling entry into Europe. In the digital realm of issuing travel authorisations, a central question arises: does streamlining the process of using an authoritative decision through IT tools and artificial intelligence simplify administrative decision-making, or does it raise more profound legal issues? The pressing question is whether algorithms will ultimately determine human destinies, or if we have not reached that point yet. This paper examines the set of rules for making a decision on the refusal of a travel permit, considering the obligations tied to providing reasons for such decisions. It emphasizes that the rationale should be built upon a combination of factual and legal foundations, which would entail revealing data linked to profiling. While explicit rights for explanations might not be granted, having substantial information gives the ability to contest decisions. To ensure decisions are well-founded, the methodology used for profiling must support these determinations, as general system descriptions are inadequate for clarifying specific cases. Therefore, the paper concludes that the complex interaction between the ETIAS screening process, data protection laws, and national security concerns presents a challenging situation for procedural rights. Fundamental rights, such as accessing records and receiving decision explanations, clash with the necessity to safeguard national security and build a so-called security union for Europe, it establishes a feeling of insecurity about respect for EU values.

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