Algorithmic immigration control? The ETIAS between technological benefits and fundamental rights considerations

Mohay, Ágoston Csanád (2025) Algorithmic immigration control? The ETIAS between technological benefits and fundamental rights considerations. HUNGARIAN JOURNAL OF LEGAL STUDIES, 66 (2). pp. 97-112. ISSN 2498-5473

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Abstract

The European Union (EU) aims to become a trendsetter in regulating the use of artificial intelligence (AI), especially in fields that are considered high risk – such as, for instance, migration control. The EU is already using various advanced technologies in its migration and asylum policy, and will expand its toolbox via the European Travel Information and Authorization System, requiring visa-exempt individuals traveling to the EU to register and provide personal data. The data will be filtered automatically, based on various specific risk indicators. The fundamental rights-compliant nature of such automated filtering needs to be assured, having regard to the EU Charter of Fundamental Rights and the various data protection regimes enacted by the EU – as well as the jurisprudence of the Court of Justice of the European Union. The paper analyses the algorithmic decision-making process of the ETIAS in light of all of the above, and concludes that the system is lacking certain safeguards, possibly imperiling not only the right to privacy and data protection but the right to an effective judicial remedy as well.

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