Will AI “Subtly” Take Over Decision-making in the EU Migration Context? Warnings and Lessons from ETIAS and VIS
(Series Information) European Papers - A Journal on Law and Integration, 2024 9(3), 1018-1047 | Article | (Table of Contents) I. Introduction – II. AI in the EU Large-Scale Information Systems: The Case of ETIAS and VIS – II.1. ETIAS and VIS within Interoperability – II.2. ETIAS and VIS automated pr...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
European Papers (www.europeanpapers.eu)
2024-12-01
|
| Series: | European Papers |
| Subjects: | |
| Online Access: | https://www.europeanpapers.eu/en/e-journal/will-ai-subtly-take-over-decision-making-EU-migration-context-warnings-lessons-from-etias-vis |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1850052047042248704 |
|---|---|
| author | Lorenzo Gugliotta Abdullah Elbi |
| author_facet | Lorenzo Gugliotta Abdullah Elbi |
| author_sort | Lorenzo Gugliotta |
| collection | DOAJ |
| description | (Series Information) European Papers - A Journal on Law and Integration, 2024 9(3), 1018-1047 | Article | (Table of Contents) I. Introduction – II. AI in the EU Large-Scale Information Systems: The Case of ETIAS and VIS – II.1. ETIAS and VIS within Interoperability – II.2. ETIAS and VIS automated processing – II.3. How will the ETIAS and VIS automated processing work in practice? – III. The ETIAS and VIS Automated Processing and the Legal Constraints of Decisions Based Solely on Automated Means – III.1. The general rule in Article 22 GDPR and Article 24 EUDPR – III.2. Condition I: The result of ETIAS and VIS automated processing: A decision that significantly affects data subjects? – III.3. Condition II: Safeguards for data subjects - IV. Conclusions | (Abstract) In 2019, the EU laid down the groundwork for interoperability in the Area of Freedom, Security and Justice, envisaging the use of algorithmic tools that can qualify as AI systems under the AI Act. AI tools used by EU migration databases are subject to the safeguards and the protective measures for individuals provided for under the AI Act, such as art. 86 thereof. However, given the fundamental rights impact of AI technologies processing large amounts of personal data, it is worth focusing on data protection law as one of the main strongholds against violations caused by AI in EU border and migration systems. In this Article we apply data protection provisions on purely automated decisions and the Court of Justice’s case law to the AI-enabled processing envisaged under two information systems, ETIAS and VIS. This processing was conceived as a supporting tool for competent authorities. This Article argues that, despite aiming to avoid solely automated decisions, the ETIAS and VIS processing might inadvertently lead to automation “taking over” the decision-making process. By contrast, a substantive reading of art. 22(1) GDPR (and art. 24(1) EUDPR) should not only prohibit decisions taken without any form of human involvement, but also decisions based on meaningless human involvement. As a result, the ETIAS and VIS processing may progressively reduce the extent to which human caseworkers review and question the AI-generated recommendations. By analysing the implications of the AI-enabled processing envisaged in the current EU border regulation, the Article seeks to draw useful lessons for further adoption of trustworthy AI in the border and security ecosystem. |
| format | Article |
| id | doaj-art-8885fc9cc9e0401fb6fdddcd4ae6f75e |
| institution | DOAJ |
| issn | 2499-8249 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | European Papers (www.europeanpapers.eu) |
| record_format | Article |
| series | European Papers |
| spelling | doaj-art-8885fc9cc9e0401fb6fdddcd4ae6f75e2025-08-20T02:52:56ZengEuropean Papers (www.europeanpapers.eu)European Papers2499-82492024-12-012024 931018104710.15166/2499-8249/797Will AI “Subtly” Take Over Decision-making in the EU Migration Context? Warnings and Lessons from ETIAS and VISLorenzo Gugliotta0Abdullah Elbi1Directorate-General for Migration and Home AffairsCentre for IT and IP Law (CiTiP)(Series Information) European Papers - A Journal on Law and Integration, 2024 9(3), 1018-1047 | Article | (Table of Contents) I. Introduction – II. AI in the EU Large-Scale Information Systems: The Case of ETIAS and VIS – II.1. ETIAS and VIS within Interoperability – II.2. ETIAS and VIS automated processing – II.3. How will the ETIAS and VIS automated processing work in practice? – III. The ETIAS and VIS Automated Processing and the Legal Constraints of Decisions Based Solely on Automated Means – III.1. The general rule in Article 22 GDPR and Article 24 EUDPR – III.2. Condition I: The result of ETIAS and VIS automated processing: A decision that significantly affects data subjects? – III.3. Condition II: Safeguards for data subjects - IV. Conclusions | (Abstract) In 2019, the EU laid down the groundwork for interoperability in the Area of Freedom, Security and Justice, envisaging the use of algorithmic tools that can qualify as AI systems under the AI Act. AI tools used by EU migration databases are subject to the safeguards and the protective measures for individuals provided for under the AI Act, such as art. 86 thereof. However, given the fundamental rights impact of AI technologies processing large amounts of personal data, it is worth focusing on data protection law as one of the main strongholds against violations caused by AI in EU border and migration systems. In this Article we apply data protection provisions on purely automated decisions and the Court of Justice’s case law to the AI-enabled processing envisaged under two information systems, ETIAS and VIS. This processing was conceived as a supporting tool for competent authorities. This Article argues that, despite aiming to avoid solely automated decisions, the ETIAS and VIS processing might inadvertently lead to automation “taking over” the decision-making process. By contrast, a substantive reading of art. 22(1) GDPR (and art. 24(1) EUDPR) should not only prohibit decisions taken without any form of human involvement, but also decisions based on meaningless human involvement. As a result, the ETIAS and VIS processing may progressively reduce the extent to which human caseworkers review and question the AI-generated recommendations. By analysing the implications of the AI-enabled processing envisaged in the current EU border regulation, the Article seeks to draw useful lessons for further adoption of trustworthy AI in the border and security ecosystem.https://www.europeanpapers.eu/en/e-journal/will-ai-subtly-take-over-decision-making-EU-migration-context-warnings-lessons-from-etias-visartificial intelligenceautomated decision-makingborder managementetiasopacityvis |
| spellingShingle | Lorenzo Gugliotta Abdullah Elbi Will AI “Subtly” Take Over Decision-making in the EU Migration Context? Warnings and Lessons from ETIAS and VIS European Papers artificial intelligence automated decision-making border management etias opacity vis |
| title | Will AI “Subtly” Take Over Decision-making in the EU Migration Context? Warnings and Lessons from ETIAS and VIS |
| title_full | Will AI “Subtly” Take Over Decision-making in the EU Migration Context? Warnings and Lessons from ETIAS and VIS |
| title_fullStr | Will AI “Subtly” Take Over Decision-making in the EU Migration Context? Warnings and Lessons from ETIAS and VIS |
| title_full_unstemmed | Will AI “Subtly” Take Over Decision-making in the EU Migration Context? Warnings and Lessons from ETIAS and VIS |
| title_short | Will AI “Subtly” Take Over Decision-making in the EU Migration Context? Warnings and Lessons from ETIAS and VIS |
| title_sort | will ai subtly take over decision making in the eu migration context warnings and lessons from etias and vis |
| topic | artificial intelligence automated decision-making border management etias opacity vis |
| url | https://www.europeanpapers.eu/en/e-journal/will-ai-subtly-take-over-decision-making-EU-migration-context-warnings-lessons-from-etias-vis |
| work_keys_str_mv | AT lorenzogugliotta willaisubtlytakeoverdecisionmakingintheeumigrationcontextwarningsandlessonsfrometiasandvis AT abdullahelbi willaisubtlytakeoverdecisionmakingintheeumigrationcontextwarningsandlessonsfrometiasandvis |