Biometric Borders Envisaged by Frontex: Fundamental Rights in the Backseat

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(2), 621-640 | Article | (Table of Contents) I. Introduction. – II. Technological and legal aspects of biometrics. – II.1. Technological aspects and the application of biometrics in the EU. – II.2. Biometric legal framework. – III. Frontex’s biometric policy and fundamental rights. – III.1. Frontex role and legal obligations concerning biometrics. – III.2. Technology foresight on biometrics for the future travel. – IV. Conclusion. | (Abstract) This Article provides an assessment of the biometric policy of the European Border and Coast Guard Agency (Frontex) and its consequences for the fundamental rights of migrants. It provides an overview of the technological aspects of biometrics, their application, and the legal framework in the context of the Area of Freedom, Security and Justice. This sets the background for an analysis of how and why Frontex uses biometrics to advance its goals. This Article analyses policy papers, legal provisions, and other sources, but particularly the Technology Foresight on Biometrics for the Future of Travel, a report on biometrics published by Frontex. This Article concludes that Frontex fails to account for the consequences of its biometric policy on fundamental rights when considering the effects of biometric technologies for the future.

Keywords

• frontex
• biometrics
• biometric data
• personal data
• fundamental rights
• privacy