The development of migration management technologies under EU-private partnerships: are migrants’ fundamental rights forgotten on behalf of innovation?

Abstract

This paper critically examines the impact of migration management technologies on migrants' fundamental rights in the EU. As migrants are increasingly portrayed as security concerns, the adoption of cutting-edge technologies by EU Member States and institutions has grown. However, developing and deploying these technologies often neglect migrants' fundamental rights. The thesis is structured in the following way. Firstly, its analysed four key technology types: automated biometric systems, automated risk assessment, emotion recognition AI, and predictive analytics. It investigates their practical application as migration management tools and uncovers potential violations of fundamental rights. Secondly, it explores the legislative ecosystem in the EU, which promotes hostile migration policies in contrast with promising ongoing discussions on AI and business regulations. Thirdly, its examined EU-funded migration-related projects under Horizon Europe and its predecessors, highlighting the complex interplay between private entities, EU institutions, and agencies in technology development and deployment. Based on the findings, three recommendations (lex ferenda) are proposed. First, it calls for mandatory fundamental rights impact assessments before and after the development and deployment of migration management technologies. Second, it advocates for stronger transparency regulations covering lobbying activities, including EU agencies, to enhance accountability. Third, it emphasizes the need for a holistic approach to technology development that safeguards migrants' fundamental rights. This study underscores the significance of prioritizing fundamental rights and demonstrating solidarity in EU migration management while utilizing technology to foster a more equitable world. Keywords: Migration, EU, technology, Migration Management Technologies, Border Control, Fundamental Rights, Lobbying, Research and Innovation, Funds, Security