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Navigating Proportionality and Privacy : A Case Study of Technology Use in EU Border Management Systems

Broeknellis, Hannah Josephina (2025) Navigating Proportionality and Privacy : A Case Study of Technology Use in EU Border Management Systems.

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Abstract:The increasing adoption of technological and Artificial Intelligence (AI) systems by public and governmental organizations raises concerns about the protection of fundamental and privacy rights of individuals. Especially, within the migration and border control sector, more technologies are being implemented to enhance the efficiency of migration processes. However, research shows that the fundamental rights of migrants are being harmed due to criminalization, discrimination, and increased surveillance (Amnesty International, 2024). As a results, the European Union (EU) has established regulations that govern data processing activities to safeguard the privacy rights of individuals. One of the most important principles governing these data processing activities is the principle of proportionality. However, concerns have increased regarding privacy rights due to the increasing data processing regulations, such as the principle of proportionality. As they try to increase privacy protection, it is often seen by public and governmental organizations as difficult to understand and how to implement in practice effectively. This study examines to what extent and how the principle of proportionality is included within the most relevant EU regulations and what gaps may exist that could harm privacy rights. Therefore, the research aims to provide policy recommendations and practical insights for public governmental organizations on how to implement and ensure proportionality standards when utilizing technological (AI) systems when processing personal data to protect privacy rights. The primary research question guiding this study is: To what extent and how is proportionality embedded in the EU regulatory framework and how can it be enhanced to better align with public organizations' expectations and privacy protection when using (AI) technologies in border management? A qualitative research design was applied, combining a comprehensive literature review on legal requirements and a policy analysis on the EU regulatory framework combined with semi- structured interviews among relevant public governmental organizations, privacy experts, and humanitarian organizations. The results reveal that the principle of proportionality is formally embedded within the EU regulations, however, it lacks practical understanding and guidance. Moreover, requirements within the regulations are inconsistently applied, causing less deep ethical considerations when deploying technological (AI) systems. To address the main policy and practical gaps, a proportionality assessment and policy recommendations have been developed to safeguard privacy rights of migrants within the EU migration and border control sector in the future when using (AI) technologies.
Item Type:Essay (Master)
Clients:
Ernst & Young, Zwolle, Netherlands
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:58 process technology, 88 social and public administration, 89 political science
Programme:European Studies MSc (69303)
Link to this item:https://purl.utwente.nl/essays/106623
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