{"id":9087,"date":"2023-07-03T07:38:49","date_gmt":"2023-07-03T07:38:49","guid":{"rendered":"https:\/\/dpoassociates.eu\/where-do-refugees-personal-data-end-up\/"},"modified":"2025-02-27T14:31:35","modified_gmt":"2025-02-27T13:31:35","slug":"where-do-refugees-personal-data-end-up","status":"publish","type":"post","link":"https:\/\/dpoassociates.eu\/en\/where-do-refugees-personal-data-end-up\/","title":{"rendered":"Where do refugees’ personal data end up?"},"content":{"rendered":"\t\t
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Personal data of refugees and Data Protection in the migration context is increasingly relevant, especially with the refugee crisis and war in Ukraine in mind and the emergence of new technologies such as AI.  <\/i><\/p>\n

We are increasingly finding that some European countries assess refugee and migrant applications by looking at their social media and digital footprint.  <\/em><\/p>\n

Moreover, several border authorities are asking asylum seekers to hand over passwords for social media accounts and cell phone data.  <\/em><\/p>\n

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Also, the use of AI systems is popular in certain European countries. Such systems can be used for emotion recognition, problem analysis in shelter camps and labeling certain individuals as a “risk.” Biometric data collection is also still happening. <\/em><\/p>

Incidents involving data theft, data loss,disclosure and unauthorized or inappropriate use of personal data in the migration context are therefore more common than they should be. <\/em><\/p>

While data sharing is beneficial in cross-country comparison and evidence-based policymaking, and despite the fact that there is an increasing demand for more frequent and timely migration data, the right to privacy is a human right and data protection is a priority. <\/em><\/p>

In the blog, we will explore the extent to which the GDPR is respected when it comes to asylum and migration.<\/em> <\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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What data is collected from <\/span>asylum seekers<\/span>?<\/span><\/span> <\/span><\/h4>

Asylum seekers are expected to provide a large amount of personal information. Personal data is requested at various stages of the asylum procedure. The amount varies from country to country.<\/span> <\/span><\/p>

Upon their arrival in most European countries, asylum seekers will be screened, photographed and have their fingerprints taken.<\/span> <\/span><\/p>

Asylum seekers go through the reception and identification process, an eligibility assessment, full registration and an asylum interview to qualify for refugee status.<\/span> <\/span><\/p>

When asylum seekers travel to other countries, their personal information and biometric data are often shared with local border authorities to validate their identity. Usually the personal information includes their name, age, gender, nationality. The biometric data is usually obtained by facial image, fingerprint scan or iris scan. UN agencies involved in the asylum process collect, share and store this personal and biometric data for refugee registration and aid distribution.<\/span> <\/span><\/p>

Legislative developments and practice application<\/h4>

Moreover, various border authorities are asking refugees for passwords for social media accounts and cell phone data, depending on national laws. Currently, Denmark and Germany have laws allowing the extraction of information from electronic devices. There was also talk of introducing this in Belgium for a long time.<\/span> <\/span><\/p>

A law had long been on the table that would give the CGRS (Commissioner General for Refugees and Stateless Persons) the right to request access to cell phones, laptops and social media profiles of asylum seekers. That adjustment to the Aliens Act came about in November 2017 on the initiative of then-Secretary of State for Asylum and Migration Theo Francken (N-VA). <\/span> <\/span><\/p>

The law has not been applied in practice until now because the necessary RD was never drafted for the CGRS to define the precise details of the measure. This does not mean that the CGRS does not look at asylum applicants’ social media, public profiles and data are indeed considered when assessing an application.<\/span> <\/span><\/p>

Data protection questions and remedies<\/h4>

It is a good thing that Belgium has put these plans aside but in other countries happen<\/span>t<\/span> it<\/span> still<\/span> al<\/span> too often. This is very problematic<\/span>. T<\/span>elephone data<\/span> after all<\/span> lead to discrimination, especially if refugees’ perceived social media content appears unfavorable to authorities because they represent opposing political views. Either way<\/span> can <\/span>these data cannot be a <\/span>verifiable<\/span> way to reject an asylum seeker’s application because they can be misinterpreted and falsified by others. Questions therefore arise about the remedies available to refugees with respect to their <\/span><\/span>\n data protection<\/span>\n<\/span>\n can invoke from authorities.<\/span>\n<\/span> <\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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The complexity of AI systems in migration: The limitations and biases of algorithm-based risk assessments<\/h4>

In addition to social media monitoring, it is also important to take a closer look at the use of AI systems <\/span>in migration<\/span>–<\/span>context<\/span>. The first thing to consider is<\/span> the algorithms of AI systems designed to estimate the risk level of a particular person<\/span>, this should prevent people with certain criminal backgrounds from obtaining refugee status or being allowed to migrate into the country.<\/span> <\/span><\/p>

Proponents of the use of such AI systems will argue that <\/span>the systems are more objective and will base their risk assessment less on bias. Nothing could be further from the truth, however<\/span>. The algorithms of the AI systems werde<\/span>n<\/span> namely created by people<\/span> and rely on an immense amount of statistical data, generated by decisions already made in the past. <\/span> <\/span><\/p>

As<\/span> a certain group of <\/span>low-skilled from country X <\/span>was denied entry to a particular country for generations, a <\/span>large amount of static data to feed the algorithm with.<\/span> These <\/span>algorithms, in turn, will more quickly <\/span>people <\/span>from country X<\/span> as risky when they want to enter the EU.<\/span><\/span> <\/span><\/p>

A view of the reception camp on Samos, Greece<\/h4>

At the reception camp<\/span><\/span> on the island of Samos in Greece. Are the <\/span><\/span>refugees<\/span><\/span> constantly<\/span> watched by cameras, and the footage is then <\/span>forwarded to a control room in the Greek Ministry of Migration. <\/span>An AI system <\/span>is responsible for the <\/span>analysis<\/span>ren<\/span> of<\/span> the<\/span>them<\/span> images and warns of potential problems.<\/span> The right to privacy is completely taken away from asylum seekers in this camp<\/span>.<\/span><\/span> <\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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Does the ai law provide the solution?<\/span><\/span> <\/span><\/h4>

To date, there is no regulation around AI. With its AI act, the European Union would be the first global player to regulate AI. This AI act, when in operation, will <\/span>enters<\/span>, acting as an equivalent of the GDPR in terms of AI. In the European Commission’s initial proposal <\/span>there was<\/span> too little attention paid to migration issues, for example, no ban was initially provided for the use of <\/span>emotion recognition and<\/span> the phenomenon of predictive analytics using AI was not even included. Nothing was included about the use of AI for control and surveillance either. <\/span> <\/span><\/p>

Prohibition of intrusive and discriminatory use of AI systems in the current draft of the Act<\/h4>

During<\/span> vote of the law in the European Parliament <\/span>were<\/span> meanwhile, eliminated some of these points. For example, the current draft of the Act prohibits <\/span>intrudes<\/span> and discriminatory use of AI systems, this mean<\/span>t<\/span> that <\/span>the following <\/span>technologies may no longer be used upon enactment of the Act: <\/span> <\/span> <\/span><\/p>