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#ProtectNotSurveil: The EU AI Act fails migrants and people on the move [1]

['Chris Jones', 'Executive Director Of Statewatch', 'Member Of Edri', 'The Protect Not Surveil Coalition']

Date: 2024-03 

On March 13, the EU Artificial Intelligence (AI) Act was adopted by the European Parliament. Whilst it is widely celebrated as a world-first, the EU AI Act falls short in the vital area of migration. The #ProtectNotSurveil coalition is calling attention to how this legislation is failing to prevent harm and provide protection for people on the move.

Why is the AI Act failing migration?

While the AI Act may have positive aspects in other areas, it is weak and even enables the use of risky AI systems when it comes to migration. Moreover, it creates a dangerous precedent by creating a parallel legal framework for the use of AI by law enforcement, migration and national security authorities, thus exempting such uses from the rules and safeguards within the AI Act.

Following are some of the notable areas where the AI Act falls short on preventing harm against people on the move and migrants:

Prohibitions on AI systems do not extend to the migration context

The list of high-risk systems fails to capture the many AI systems used in the migration context

context AI used as part of EU large-scale databases in migration , such as Eurodac, the Schengen Information System, and ETIAS will not have to be compliant with the Regulation until 2030.

, such as Eurodac, the Schengen Information System, and ETIAS It did not address how AI systems developed by EU-based companies impact people outside the EU , despite existing evidence of human rights violations in third countries facilitated by surveillance technologies developed in the EU

, despite existing evidence of human rights violations in third countries facilitated by surveillance technologies developed in the EU It creates a parallel legal framework when AI is deployed by law enforcement, migration and national security authorities

These loopholes and exceptions will harm migrants, racialised and other marginalised communities who already bear the brunt of discriminatory targeting and over-surveillance by authorities.

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[1] Url: https://edri.org/our-work/protect-not-surveil-eu-ai-act-fails-migrants-people-on-the-move/

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