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An Overview of Systems Related to Border Management and Migration into the EU: A Concept of Prevention and Detection of Illegal Activities

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Information and Communications Technology in Support of Migration

Abstract

Information and communication technologies (ICTs) have been on the forefront mainly during the proliferation of the dynamic interactive social networking environment, facilitating in that way several sectors of social life, such as education, business and health care, with their importance being also underlined in the field of migration and migrant integration to the host societies. Surveying existing ICT-related studies on migration, along with existing EU projects, their focus has been to identify and assess the use of technology as a means of information sharing in real time, support the adoption and development of digital skills and characteristics of migrants, and further create the right perceptions for migration among migrant communities for their smoother integration in the host society. However, ICTs can play a pivotal role in the prevention and detection of illegal migrant flows, minimising threats and issues related to migration and in particular not only against host societies (radicalisation, terrorism, organised crime, trafficking, corruption, etc.), but also migrants themselves (violence and abuse, distress, discrimination, slavery). The purpose of this chapter – after providing a general introduction into the ICT concept and rationale for its usage by border agencies and practitioners relevant to the migration field – is to analyse specific ICT-related technologies used across Europe, along with other tools and mechanisms on a national level. Final conclusions along with legal, ethical implications and further recommendations on how such technologies will be advantageous for all migration-related stakeholders and mostly migrants will be assessed.

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Notes

  1. 1.

    There is a long debate on the use of the terms illegal and irregular migration, with no universally accepted definition. According to the Council of Europe, the term illegal would be mainly used when referring to a status or process and the term irregular would be better when referring to a person (Resolution 1509 (2006) of the Council of Europe Parliamentary Assembly, http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-en.asp?fileid=17456). However, in this document, the term illegal has been adopted, as a general legal term that has been adopted by the Treaty on European Union and the Treaty on the Functioning of the European Union2012/C 326/01 and more in particular under the Article 79 of the Treaty. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A12016E079

  2. 2.

    https://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/visa-information-system_en

  3. 3.

    https://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/schengen-information-system_en

  4. 4.

    https://ec.europa.eu/home-affairs/what-we-do/policies/asylum/identification-of-applicants_en

  5. 5.

    https://www.eulisa.europa.eu/

  6. 6.

    Council Regulation(EC) no. 767/2008 of the European Parliament and of the Council 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation), https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32008R0767&qid=1415378549768

  7. 7.

    According to Article 5(1)(c) of the GDPR and Article 4(1)(c) of Regulation (EU) 2018/1725, the data minimisation principle refers to the fact that a data controller “should limit the collection of the personal information to what is directly relevant and necessary to accomplish a specified purpose, retaining them for as long as is necessary to fulfil that purpose” (EDPA, 2021).

  8. 8.

    The Right to Information, the Right of Access, the Right to Rectification, the Right to Erasure, the Right to Restriction of Processing, the Right to Data Portability, the Right to Object, and the Right to Avoid Automated Decision-Making (https://gdpr-info.eu/chapter-3/)

  9. 9.

    Summary of Regulation (EU) 2018/1860 on the use of the Schengen Information System (SIS) for the return of illegally staying third-country nationals, Regulation (EU) 2018/1861 on the establishment, operation and use of the SIS in the field of border checks and amending the Convention implementing the Schengen Agreement, Regulation (EU) 2018/1862 on the establishment, operation and use of the SIS in the field of police cooperation and judicial cooperation in criminal matters. A strengthened Schengen Information System, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM%3A4376504 (European Commission, 2020b).

  10. 10.

    Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of Eurodac for the comparison of fingerprints for the effective application of the Dublin Convention. https://eur-lex.europa.eu/legal-content/en/TXT/?uri=celex:32000R2725

  11. 11.

    Regulation (EU) No 603/2013 of the European Parliament and of the council of 26 June 2013 on the establishment of Eurodac for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (recast). https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:180:0001:0030:EN:PDF

  12. 12.

    https://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/border-crossing/eurosur_en

  13. 13.

    Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen, https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1053&from=EN

  14. 14.

    “Frontex, the European Border and Coast Guard Agency, is an essential part of Europe’s efforts to safeguard the area of freedom, security and justice. Frontex’s support at the external borders helps guarantee free movement without internal borders checks that many of us take for granted.” (https://frontex.europa.eu/)

  15. 15.

    http://www.emsa.europa.eu/

  16. 16.

    https://www.satcen.europa.eu/

  17. 17.

    https://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/smart-borders/ees_en

  18. 18.

    https://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/smart-borders/etias_en

  19. 19.

    Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226, https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L:2018:236:FULL&from=EN

  20. 20.

    https://cordis.europa.eu/project/id/787111

  21. 21.

    https://www.medea-project.eu/tcp1-open-call/ for a list of the identified capability gaps by security practitioners.

  22. 22.

    Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0399

  23. 23.

    Regulation (EU) 2019/817. Establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861. European Parliament, Council of the European Union. http://data.europa.eu/eli/reg/2019/817/oj

  24. 24.

    Regulation (EU) 2019/818. Establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU). European Parliament, Council of the European Union. 2019/816, http://data.europa.eu/eli/reg/2019/818/oj

  25. 25.

    European Commission (2021c).

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Funding

The MEDEA project has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement no. 787111. This support is gratefully acknowledged. However, the views expressed in this chapter are purely those of the authors and may not in any circumstances be regarded as stating an official position of the European Commission.

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Correspondence to Aikaterini Georgakopoulou .

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Georgakopoulou, A., Kokkinis, G., Spathi, T. (2022). An Overview of Systems Related to Border Management and Migration into the EU: A Concept of Prevention and Detection of Illegal Activities. In: Akhgar, B., Hough, K.L., Abdel Samad, Y., Saskia Bayerl, P., Karakostas, A. (eds) Information and Communications Technology in Support of Migration. Security Informatics and Law Enforcement. Springer, Cham. https://doi.org/10.1007/978-3-030-93266-4_4

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  • DOI: https://doi.org/10.1007/978-3-030-93266-4_4

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