DATA RIGHTS
UK plan to introduce biometric travel permissions raises concerns
As part of its “new plan for immigration”, the UK is proposing legislation that increases penalties for people applying for asylum who arrive in the UK via another country or without first receiving permission, and introduces a new electronic travel authorisation system for people who do not need a visa to enter the UK. Critics argue that this would require processing the personal data of vast numbers of people, and that such systems typically rely on profiling tools to inform decisions about whether to grant a visa, which risks discrimination. Indeed, in 2020 the UK Home Office agreed to stop using a biased algorithm in its visa processes after a legal challenge.
Dutch court rules that border police can use ethnic profiling
On 22 September, the Hague District Court ruled that border police can use ethnicity as a criterion for choosing passengers at airports and on trains and buses from EU destinations for border checks. According to the court, these checks are not discriminatory because ethnicity can be an important indication of nationality, and if it is not the only indicator considered and the selection decision is explainable. The case was brought by several NGOs together with two Dutch citizens who argued they were singled out for checks because of their skin colour and who sought a general ban on the use of ethnicity in these checks. The plaintiffs have said they will appeal the decision.
DATA RIGHTS
UK plan to introduce biometric travel permissions raises concerns
As part of its “new plan for immigration”, the UK is proposing legislation that increases penalties for people applying for asylum who arrive in the UK via another country or without first receiving permission, and introduces a new electronic travel authorisation system for people who do not need a visa to enter the UK. Critics argue that this would require processing the personal data of vast numbers of people, and that such systems typically rely on profiling tools to inform decisions about whether to grant a visa, which risks discrimination. Indeed, in 2020 the UK Home Office agreed to stop using a biased algorithm in its visa processes after a legal challenge.
Dutch court rules that border police can use ethnic profiling
On 22 September, the Hague District Court ruled that border police can use ethnicity as a criterion for choosing passengers at airports and on trains and buses from EU destinations for border checks. According to the court, these checks are not discriminatory because ethnicity can be an important indication of nationality, and if it is not the only indicator considered and the selection decision is explainable. The case was brought by several NGOs together with two Dutch citizens who argued they were singled out for checks because of their skin colour and who sought a general ban on the use of ethnicity in these checks. The plaintiffs have said they will appeal the decision.