INFORMED CONSENT IN BIOMETRIC MIGRATION MANAGEMENT

Abstract

Biometric data collection and automated recognition based on
biological and behavioural characteristics has been widely introduced
firstly for citizens and later for migrants.
While the positive effects of biometrics use in migration management
are plenty and offer quick and reliable identification of a person,
efficient matching and immediate alert on the sensitive data, we need to
be aware of reliability, data minimization, technical difficulties, ethical
issues, reversibility and consent. In the European Union, milestones
were the introduction of the EU GDPR Regulation, Entry/Exit System
(EES) and reformed EURODAC system for collection of biometric
data.
The paper looks into the legal aspects of informed consent for the use
of biometric data in digital migration management in the European
Union. Focus is on the “strict proportionality assessment" established
by the Court of Justice of the European Union (CJEU) which ruled that
biometric processing is a limitation on privacy that must pass the test.
Further, we will analyse CJEU individual assessment benchmark,
systematic data collection ban, right to erase standard and indefinite
data storage limits established by the Court.
The main research question of the paper is whether we can have
meaningful consent in migration management, taking into the
consideration situations in which migrants are forced to migrate and
cannot really provide informed and free consent having in mind their
situation.