Border management and human rights: Collection and sharing information and new technologies in the counter-terrorism and freedom of movement context

The event will present key findings from the ODIHR policy brief Human rights at borders, Collection, processing and sharing of personal data and the use of new technologies in the counter-terrorism and freedom of movement context, including recommendations for participating States. The policy brief, published by ODIHR in October 2021 based on analysis from a series of expert consultation meetings, provides an overview of the implications of collecting and sharing information in the context of border management and highlights how the use of new technologies in the border space may affect human rights. 

Furthermore, the event will comprise a panel debate with international experts, providing a platform for an exchange of views on actions needed to strengthen the protection of human rights in this matter.

The aim of the meeting is thus twofold:

1. To raise awareness among participating States on the human rights risks related to the usage of data-driven technologies in border security and underline the need for a solid legal framework and strong human rights safeguards, and to reconsider the use of such technologies in some cases.   
2. To encourage actors working on border management and human rights, including OSCE institutions, field operations, international organizations and civil society, to use the policy brief, collectively and in their own capacities, to influence OSCE participating States to take into account and effectively address related human rights concerns.

Background

While states have an obligation to counter terrorism and may legitimately control who enters their territory, border security measures used for this purpose invariably impact human rights. They may involve substantial interferences with the rights of potentially large numbers of people crossing borders - including for migration and when seeking international protection. Increased border security, including to counter terrorism, must not come at the expense of human rights and fundamental freedoms. UN Security Council resolutions and OSCE commitments consistently reaffirm that all counter-terrorism and other border security actions must comply with international law, including international human rights and refugee law.

The collection, processing and sharing of data coupled with the use of new technologies to strengthen border security may result in severe breaches of human rights, if the necessary safeguards are not employed by states. Human rights risks include, among others, the risk of discriminatory profiling on the basis of collected passenger data and risks connected to the collection and usage of biometric data. Automatic risk assessment systems powered by algorithms at borders raise further concerns with regards to the right to privacy, non-discrimination and potentially a broad range of other rights. Infringements of the right to privacy can have serious consequences for people in vulnerable situations such as asylum seekers when data is stored and shared between countries. The usage of new technologies heightens these risks in the area of border management and security which is already highly opaque and discretionary, with weak safeguards, accountability and oversight, and where the private sector plays a strong role in the development and use of such technologies.

Registration

This is a public event. Pre-registration is required. Please register here.

After registering, you will receive a confirmation email containing information about joining the meeting.

Questions related to the webinar can be directed to:

• Sofia Botzios, Adviser on Migration, Freedom of Movement and Human Contacts (sofia.botzios@odihr.pl)
• Johannes Heiler, Adviser on Anti-Terrorism Issues (johannes.heiler@odihr.pl)
• Mona Koehler-Schindler, Associate Human Rights Officer on Anti-Terrorism Issues (mona.koehler-schindler@odihr.pl)