At Europe’s Borders: AI Testing the Limits of EU Rights
As Europe moves to fortify its borders and curb irregular migration, the European Union is investing hundreds of millions of euros into artificial intelligence technologies — including lie detectors, speech recognition tools, and drones.
Critics argue that this initiative deepens a double standard where Europe’s strict tech and data protection rules apply to citizens but not to migrants seeking a new life. Experts warn that the gap between Europe’s self-professed human rights values and its border control practices is set to widen.
Increased Spending on AI Technologies
Between 2007 and 2020, the EU spent €341 million on border control projects involving some form of AI, according to the research group Statewatch. Since 2020, EU funding available to member states for border control programs has risen by 45%, with more than 70% of that funding directed toward new infrastructure, including AI tools.
Loopholes in Europe’s otherwise stringent AI regulations allow broad use of technology in migration and security settings. The EU’s AI Act banned facial recognition technologies and criminal risk assessments but permits tools like lie detectors and mobile phone extraction systems with oversight.
The Parallel Reality of Migrants and Citizens
As stated by Wael Qarssifi, a former migration and technology fellow, migrants exist in a legal “parallel reality” under the AI Act. Ethical concerns extend beyond regulation, as a permissive approach to digitized migration control puts EU policy at odds with the Treaty of Fundamental Rights of the European Union.
Technologies initially deployed at borders can later be repurposed for domestic law enforcement, blurring the line between migration management and internal security. This normalization of surveillance could extend to other facets of public life.
AI Technologies in Use
AI migration technologies are already being tested or used by national authorities in 11 countries. For instance, lie detection technologies are being trialed in Greece, Latvia, and Hungary, while mobile phone data extraction is employed in Norway, Denmark, Germany, and The Netherlands.
In Greece, the Automated Border Surveillance System employs drones, cameras, and AI to monitor migrant movements along the Greco-Turkish border and across the Aegean Sea, with the country receiving over €1 billion in EU funding for border management between 2021 and 2027.
Challenges and Concerns
AI mobile phone extraction technologies can produce false migration routes due to faulty GPS data or the use of second-hand phones, potentially distorting decision-making in asylum applications. Despite growing documentation of AI use, researchers still lack a clear picture of how these systems operate in practice due to a bubble of secrecy surrounding their details.
ETIAS and Data Protection Issues
Beyond AI-related loopholes, migrants and asylum seekers don’t benefit from the same data protections as European citizens. The upcoming ETIAS (European Travel Information and Authorization System) aims to screen travelers for security risks, but its broad data collection has raised alarms among privacy advocates.
A Belgian court case challenges ETIAS as a “disproportionate interference” with the fundamental rights of migrants, arguing that its definition of “risk” allows for indiscriminate data collection. The CJEU may soon rule on the legality of ETIAS.
Conclusion
While Europe has long been a leader in digital regulation and data protection, its increasingly digitized border policy raises serious questions about the contradiction between its human rights framework and border security practices. As the EU pursues tougher measures, the implications for both migrants and citizens could be profound.
