10 December 2024
AI Act and the Prohibition of Real-Time Biometric Identification
Remote biometric identification (RBI) systems are increasingly becoming part of our daily lives. The most prominent example is the use of facial recognition technologies in public spaces (e.g. CCTV cameras). The AI Act regulates the use of RBI systems distinguishing between real-time and post RBI systems. While one of the main aims of the AIA was to ban real-time RBI systems, the Regulation failed to do so in an effective manner. Instead, it can be argued that the AIA still allows for a broad use of such systems. Continue reading >>
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16 February 2024
Advancing Accountability
In Alkhatib and Others v. Greece, the European Court of Human Rights (ECtHR) has condemned Greece for yet another instance of human rights violations in border management. By underlining the importance of clear regulations and adequate evidence within border operations, the Court showed avenues to enhance the accountability framework for violations perpetrated at Europe’s borders. Its decision contrasts favourably with the approach taken in the EU at large, where both legislators and national and supranational courts generally disregard the opacity in regulations governing border operations and the difficulty of collecting evidence for migrants. Continue reading >>
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09 September 2022
Frontex and Data Protection
Frontex has become notorious for its multiple fundamental rights violations, including pushbacks. The problem of fundamental rights infringements associated with the Agency has been lasting for years, leading ultimately to the resignation of the Executive Director. What I argue in this post is, first, that the fundamental right to the protection of personal data by Frontex has not yet received sufficient attention by scholars and EU institutions. Second, data protection within the Agency needs to be strengthened to prevent any future new scandals. Continue reading >>
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05 September 2022
An ‘Impossible Trinity’?
In international macroeconomics, the term ‘Impossible Trinity’ refers to three elements, which are impossible to coexist. In this Verfassungsblog series, we examine whether the EU’s external border policy, Frontex and the rule of law constitute such an ‘Impossible Trinity’, or whether they can be reconciled with appropriate accountability mechanisms. Continue reading >>
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