Deploying drones in policing European borders: constraints and challenges for data protection and human rights

Luisa Marin, K. Krajcíková

Research output: Chapter in Book/Report/Conference proceedingChapterAcademicpeer-review

  • 1 Citations

Abstract

The chapter explores the challenges underlying the policy choice of deploying dronetechnology in the area of border surveillance, with specific reference to the surveillance of European Union (EU) Member States’ external southern borders. Border surveillance is one of the top priorities of the Member States of the EU for several reasons: the first is the management of, or rectius, the fight against irregular migration, and cross-border crime. Within this context, public agencies (at both the national and the European level) are investing important resources in deploying the most up-to-date technologies, in an attempt to stop undesired migrants. The deployment of drones for border policing purposes is already a reality in the US, and also in some EU Member States. Frontex has also devoted attention and resources to exploring the possibility of deploying drones in border surveillance, as they are seen as beneficial assets in the perspective of EUROSUR. The aim of this chapter is to explore the recent developments constituted by the deployment of drone technology in border surveillance. The chapter firstly introduces the actors, policies and practices in the sphere of border management, specifically in the area of border surveillance (2); then it discusses the use of drone technology for border surveillance, looking at its potentialities but also at its current shortcomings (3); it will then move toward the regulatory framework enabling the safe deployment of drones under aviation law and on border surveillance (4) and present the constraints represented by fundamental rights and data protection rules on drone technology and the challenges drones represent for the human rights of migrants (5), before concluding that drone technology might entail a further securitization of border surveillance, together with a shift toward preventive border surveillance
LanguageEnglish
Title of host publicationDrones and Unmanned Aerial Systems
Subtitle of host publicationLegal and Social Implications for Security and Surveillance
EditorsA. Zavrsnik
PublisherSpringer International Publishing
Pages101-127
ISBN (Electronic)978-3-319-23760-2
ISBN (Print)978-3-319-23759-6
DOIs
Publication statusPublished - 2016

Publication series

Name
PublisherSpringer International Publishing

Fingerprint

data protection
surveillance
human rights
migrant
fundamental right
management
air traffic
resources
assets
offense
migration

Keywords

  • METIS-309290
  • IR-94391

Cite this

Marin, L., & Krajcíková, K. (2016). Deploying drones in policing European borders: constraints and challenges for data protection and human rights. In A. Zavrsnik (Ed.), Drones and Unmanned Aerial Systems: Legal and Social Implications for Security and Surveillance (pp. 101-127). Springer International Publishing. https://doi.org/10.1007/978-3-319-23760-2_6
Marin, Luisa ; Krajcíková, K. / Deploying drones in policing European borders : constraints and challenges for data protection and human rights. Drones and Unmanned Aerial Systems: Legal and Social Implications for Security and Surveillance. editor / A. Zavrsnik. Springer International Publishing, 2016. pp. 101-127
@inbook{ca74b1886fd142c29503bb411dade3e5,
title = "Deploying drones in policing European borders: constraints and challenges for data protection and human rights",
abstract = "The chapter explores the challenges underlying the policy choice of deploying dronetechnology in the area of border surveillance, with specific reference to the surveillance of European Union (EU) Member States’ external southern borders. Border surveillance is one of the top priorities of the Member States of the EU for several reasons: the first is the management of, or rectius, the fight against irregular migration, and cross-border crime. Within this context, public agencies (at both the national and the European level) are investing important resources in deploying the most up-to-date technologies, in an attempt to stop undesired migrants. The deployment of drones for border policing purposes is already a reality in the US, and also in some EU Member States. Frontex has also devoted attention and resources to exploring the possibility of deploying drones in border surveillance, as they are seen as beneficial assets in the perspective of EUROSUR. The aim of this chapter is to explore the recent developments constituted by the deployment of drone technology in border surveillance. The chapter firstly introduces the actors, policies and practices in the sphere of border management, specifically in the area of border surveillance (2); then it discusses the use of drone technology for border surveillance, looking at its potentialities but also at its current shortcomings (3); it will then move toward the regulatory framework enabling the safe deployment of drones under aviation law and on border surveillance (4) and present the constraints represented by fundamental rights and data protection rules on drone technology and the challenges drones represent for the human rights of migrants (5), before concluding that drone technology might entail a further securitization of border surveillance, together with a shift toward preventive border surveillance",
keywords = "METIS-309290, IR-94391",
author = "Luisa Marin and K. Krajc{\'i}kov{\'a}",
year = "2016",
doi = "10.1007/978-3-319-23760-2_6",
language = "English",
isbn = "978-3-319-23759-6",
publisher = "Springer International Publishing",
pages = "101--127",
editor = "A. Zavrsnik",
booktitle = "Drones and Unmanned Aerial Systems",

}

Marin, L & Krajcíková, K 2016, Deploying drones in policing European borders: constraints and challenges for data protection and human rights. in A Zavrsnik (ed.), Drones and Unmanned Aerial Systems: Legal and Social Implications for Security and Surveillance. Springer International Publishing, pp. 101-127. https://doi.org/10.1007/978-3-319-23760-2_6

Deploying drones in policing European borders : constraints and challenges for data protection and human rights. / Marin, Luisa; Krajcíková, K.

Drones and Unmanned Aerial Systems: Legal and Social Implications for Security and Surveillance. ed. / A. Zavrsnik. Springer International Publishing, 2016. p. 101-127.

Research output: Chapter in Book/Report/Conference proceedingChapterAcademicpeer-review

TY - CHAP

T1 - Deploying drones in policing European borders

T2 - constraints and challenges for data protection and human rights

AU - Marin, Luisa

AU - Krajcíková, K.

PY - 2016

Y1 - 2016

N2 - The chapter explores the challenges underlying the policy choice of deploying dronetechnology in the area of border surveillance, with specific reference to the surveillance of European Union (EU) Member States’ external southern borders. Border surveillance is one of the top priorities of the Member States of the EU for several reasons: the first is the management of, or rectius, the fight against irregular migration, and cross-border crime. Within this context, public agencies (at both the national and the European level) are investing important resources in deploying the most up-to-date technologies, in an attempt to stop undesired migrants. The deployment of drones for border policing purposes is already a reality in the US, and also in some EU Member States. Frontex has also devoted attention and resources to exploring the possibility of deploying drones in border surveillance, as they are seen as beneficial assets in the perspective of EUROSUR. The aim of this chapter is to explore the recent developments constituted by the deployment of drone technology in border surveillance. The chapter firstly introduces the actors, policies and practices in the sphere of border management, specifically in the area of border surveillance (2); then it discusses the use of drone technology for border surveillance, looking at its potentialities but also at its current shortcomings (3); it will then move toward the regulatory framework enabling the safe deployment of drones under aviation law and on border surveillance (4) and present the constraints represented by fundamental rights and data protection rules on drone technology and the challenges drones represent for the human rights of migrants (5), before concluding that drone technology might entail a further securitization of border surveillance, together with a shift toward preventive border surveillance

AB - The chapter explores the challenges underlying the policy choice of deploying dronetechnology in the area of border surveillance, with specific reference to the surveillance of European Union (EU) Member States’ external southern borders. Border surveillance is one of the top priorities of the Member States of the EU for several reasons: the first is the management of, or rectius, the fight against irregular migration, and cross-border crime. Within this context, public agencies (at both the national and the European level) are investing important resources in deploying the most up-to-date technologies, in an attempt to stop undesired migrants. The deployment of drones for border policing purposes is already a reality in the US, and also in some EU Member States. Frontex has also devoted attention and resources to exploring the possibility of deploying drones in border surveillance, as they are seen as beneficial assets in the perspective of EUROSUR. The aim of this chapter is to explore the recent developments constituted by the deployment of drone technology in border surveillance. The chapter firstly introduces the actors, policies and practices in the sphere of border management, specifically in the area of border surveillance (2); then it discusses the use of drone technology for border surveillance, looking at its potentialities but also at its current shortcomings (3); it will then move toward the regulatory framework enabling the safe deployment of drones under aviation law and on border surveillance (4) and present the constraints represented by fundamental rights and data protection rules on drone technology and the challenges drones represent for the human rights of migrants (5), before concluding that drone technology might entail a further securitization of border surveillance, together with a shift toward preventive border surveillance

KW - METIS-309290

KW - IR-94391

U2 - 10.1007/978-3-319-23760-2_6

DO - 10.1007/978-3-319-23760-2_6

M3 - Chapter

SN - 978-3-319-23759-6

SP - 101

EP - 127

BT - Drones and Unmanned Aerial Systems

A2 - Zavrsnik, A.

PB - Springer International Publishing

ER -

Marin L, Krajcíková K. Deploying drones in policing European borders: constraints and challenges for data protection and human rights. In Zavrsnik A, editor, Drones and Unmanned Aerial Systems: Legal and Social Implications for Security and Surveillance. Springer International Publishing. 2016. p. 101-127 https://doi.org/10.1007/978-3-319-23760-2_6