Data Protection Authority Finds Frontex Likely Violating Rights
The Warsaw-based Frontex is likely violating rights by data dumping migrant testimonies with the EU’s police agency Europol, according to a data protection authority. The testimonies collected by Frontex agents are used to figure out how and to what extent asylum seekers crossing an EU border receive outside help. Although Frontex redacts names, identifiable personal data is still being shared with Europol to crack down on smuggling and other criminal activities. The Frontex-Europol data exchange, known as Pedra or ‘Processing of Personal Data for Risk Analysis’, has in the past generated controversy for possibly incriminating innocent people.
Investigation into Frontex
In an eight-page summary of a larger audit report published on 31 May, Wojciech Wiewiórowski, the EU’s data protection supervisor (EDPS), said the EDPS would now open an investigation into Frontex. It faulted the agency for “automatically exchanging the debriefing reports with Europol without assessing the strict necessity of such exchange.” Wiewiórowski says this breaches several EU data protection rules, as well as Frontex’s own rule book when it comes to exchanging personal data with Europol.
Controversial Findings
Similar findings were revealed last year by Balkan Insight, a media outlet. It said Frontex had sidelined its own data protection officer, who had warned of mission creep over Pedra. Some of those people interviewed, often detained or deprived of liberty, may feel threatened into divulging information that goes beyond what is needed by Europol. Last month, EUobserver revealed that this may include NGOs, posing additional questions to what extent the agencies are possibly helping criminalise the work by civil society in the field of asylum and migration.
Compliance Issues
The Frontex overreach raises other serious compliance issues, says the EDPS. This is partly due to the high vulnerability of those being interviewed, some of whom may inadvertently incriminate themselves, as well as the low reliability of the information gathered. The same information is then used for Frontex risk analysis reports. The EDPS says this also has implications for certain groups “who may be unduly targeted or represented in the output of risk analysis products.” In total, the EDPS audit found 36 problems with Frontex and issued 32 recommendations for follow-up.
Response from Frontex
For its part, Frontex said it welcomed the EDPS’ audit report and its recommendations as a contribution to improving the agency’s activities in line with data protection regulations and fundamental rights. “The agency will strive to comply with the recommendations and develop an action plan to implement the necessary changes in our operations. Frontex continues to fully collaborate with the EDPS,” it said in an email.
