2024
New EU-US agreement for “systematic exchange” of personal data under consideration
US authorities are demanding direct access to EU member state databases for “routine traveller screening” in return for ongoing visa-free travel to the US. The demands fall outside the scope of existing EU-US agreements on the exchange of personal data. The Belgian Presidency of the Council of the EU suggested a new international treaty may be needed to facilitate the transfers – but also questioned whether the data exchange proposed by the US “is even possible under the EU-legislation.”
EU watchdog intervention forces Frontex to improve transparency
Despite its reluctance to reform, the EU border agency improved its freedom of information processes after an intervention from the EU Ombudsman.
UK: Racist violence does not justify proposed expansion of police surveillance technology
Following the racist pogroms that broke out across England at the end of July and beginning of August, the prime minister, Keir Starmer, announced a range of new policing measures - including a proposal for "wider deployment of facial recognition technology." A letter signed by more than two dozen organisations, including Statewatch, says that an expansion of live facial recognition "would make our country an outlier in the democratic world" and calls for the plan to be dropped.
UK artificial intelligence rules must protect rights, prevent worsening of structural power imbalances
A letter from the #SafetyNotSurveillance coalition, of which Statewatch is a member, calls on the new Labour government to "protect people's rights and prevent uses of AI which exacerbate structural power imbalances." The government has announced that it will establishment legislation on AI, and the letter calls for that law to prohibit predictive policing and biometric surveillance, and to ensure sufficient safeguards, transparency and accountability for all other uses of AI technologies.
UK: Call for "serious, meaningful protection" from police facial recognition technology
The UK's new Labour government must ensure "proper regulation of biometric surveillance in the UK," says a letter signed by nine human rights, racial justice and civil liberties groups, including Statewatch. "No laws in the UK mention facial recognition, and the use of this technology has never even been debated by MPs," the letter highlights. It calls on the new home secretary, Yvette Cooper, and the science, technology and innovation minister, Peter Kyle, to meet the signatory groups "to discuss the need to take action and learn from our European partners in regulating the use of biometric surveillance in the UK more broadly." A separate letter to Scotland's cabinet secretary for justice and home affairs raises similar points, and calls on the Scottish government "to stop the proposed use of live facial recognition surveillance by Police Scotland."
Police should have “more say in the EU policy-making process,” says Swedish government
A “non-paper” circulated in the Council of the EU by the Swedish government in early June calls for “a fundamental change in perspective” in the fight against terrorism and organised crime, arguing that too many proposals are “watered down” by fundamental rights considerations.
UK: National Oversight Mechanism would allow "learning, transparency and accountability" over state-related deaths
The new Labour prime minister, Keir Starmer, has been called on by a broad coalition of organisations - including Statewatch - to set up a National Oversight Mechanism to collate the findings of investigations into state-related deaths. A letter from the coalition says that inquiries, inquests and investigations - for example, into deaths in police custody or medical facilities - "can pinpoint learning for the future to stop the same thing happening again." However, there is currently no central mechanism to collate those findings or ensure recommendations are implemented. "This is a disservice to bereaved families who look to investigations for the truth, answers, and assurance that future deaths will be prevented," says the letter, which calls for the establishment of a National Oversight Mechanism: "a new, independent body with the responsibility to collate, analyse and follow up on recommendations made during inquests, public inquiries, investigations and official reviews."
EU: Council lowers threshold for migrant smuggling prosecutions
EU institutions are discussing proposed changes to the law criminalising the facilitation of irregular migration, which has also been used to criminalise migrants and individuals acting in solidarity with them. The Belgian Council presidency presented a revised draft to other EU member states at the end of May, which would simplify the criminalisation of irregular entry, amongst other things. The draft will serve as the basis for further discussions within the Council, with Hungary now in the presidency role until the end of this year.
Almost 100 organisations call on EU to uphold the right to asylum
Statewatch is one of 95 organisations that are calling on EU institutions and member states to uphold the right to asylum, and to halt the pursuit of deals, agreements and arrangements that would outsource asylum processing to third states. Doing so risks "undermining the international protection system," says the statement, noting that attempts to outsource asylum processing have caused "immeasurable human suffering and rights violations."
Out of sight, out of mind: EU planning to offshore asylum applications?
In a letter sent to EU heads of state last month, European Commission president Ursula von der Leyen named 2024 “a landmark year for EU migration and asylum policy,” but noted that the agreement on new legislation “is not the end.” She went on to refer to the possibility of “tackling asylum applications further from the EU external border,” describing it as an idea “which will certainly deserve our attention.”
Border externalisation: billions of euros, visa sanctions, and a wealth of documentation
The second issue of our bulletin on EU border externalisation policies is now available.
How the EU police training agency is cosying up to the Arab League’s political extradition body
CEPOL, the EU police training agency, is collaborating with the Arab League’s political extradition body in spite of its human rights obligations.
UK: Parliamentary candidates must end "hateful and inflammatory rhetoric" against migrants
Candidates in this week's general election in the UK should shun "hateful and inflammatory rhetoric" against migrants and support policies for "digital sanctuary," says a letter signed by 37 organisations, including Statewatch. Providing "digital sanctuary" for people means "ending the hostile digital environment, establishing robust privacy protections for migrants’ data and promoting inclusive digital policies," says the letter.
Greek border deaths: Frontex management board knew about "systematic" violations
An investigation by the BBC has put the Greek state’s deadly border policies back in the public eye – but there has so far been no mention in the press of Frontex’s operations in the country. Documents seen by Statewatch show that despite warnings from its own fundamental rights officials, Frontex’s senior staff and management board did nothing to halt the agency’s operations in Greece. Suspending or terminating operations is a legal obligation when rights violations “are of a serious nature or are likely to persist.” A case before the Court of Justice of the EU is seeking an order to halt Frontex’s Greek operations, with an appeal filed in January still pending.
Frontex collaboration with Libya: “we call them and try to persuade them to take them back”
The EU Border and Coast Guard Agency, Frontex, has been accused of aiding the return of migrants who have fled Libya back to the country, and to possible torture and blackmail. Border guards who have worked for Frontex, speaking to journalists from the Swedish television programme Mission Investigate, by Sveriges Television (SVT), revealed just how close contact with groups in the country is. Meanwhile, a rescue mission in the Mediterranean being documented by Mission Investigate was fired upon by the so-called Libyan coast guard.
Policing by design: the latest EU surveillance plan
The EU should reintroduce mass telecommunications surveillance and create backdoors to encrypted data, a new plan drafted in secret by police and security officials says. To do so, close coordination between the state and industry would be required, to ensure what the plan calls “lawful access by design.” The plan repeats demands made many times over the years by officials, and may find a warm reception from the incoming European Commission.
New EU migrant smuggling law: member states keen on maximum criminalisation
The EU is moving towards adopting a renewed law to criminalise migrant smuggling, and member states in the Council have started making progress towards a position for negotiations with the Parliament. Some governments appear to favour maximum criminalisation, calling for a broad definition of smuggling to facilitate prosecutions – a position that has been taken on board by the Belgian Council Presidency in an initial compromise text.
Who’s a “potential terrorist or violent extremist threat”? Plans to exchange information about “future” criminals
EU member states have finalised a set of “non-binding” criteria for assessing when someone may be labelled a potential terrorist or violent extremism threat. The intention is to feed European databases such as the Schengen Information System (SIS) and the Europol Information System (EIS), as well as Europol analysis projects such as “Hydra” and “Traveller”, according to a note circulated by the Belgian Council Presidency last month.
Europol migrant smuggling proposal torn to shreds by the Council
The Belgian Presidency of the Council of the EU has proposed gutting the Commission’s proposal to increase Europol’s powers in human smuggling and trafficking cases. There is little that remains of the original proposal, aside from new “Operational Task Forces” led by member states (with a support role given to Europol) and a limited mandatory exchange of information on smuggling and trafficking investigations.
Finland and Italy want more military involvement in migration control
The Finnish and Italian governments last month presented a plan on “countering instrumentalization of migration and migrant smuggling” to the EU Foreign Affairs Council meeting, calling for “innovative ways” to address the issues – including by increased cooperation between the EU and NATO.
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