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oai:verfassungsblog.de/67002 2022-09-10T06:25:44Z posts

http://dx.doi.org/10.17176/20220910-110512-0 https://verfassungsblog.de/frontex-and-algorithmic-discretion-part-i/ Frontex and ‘Algorithmic Discretion’ (Part I) - The ETIAS Screening Rules and the Principle of Legality Musco Eklund, Amanda eng 2022-09-10 electronic resource text/html ddc:342 accountability Algorithmic Decision-making border control ETIAS Rule of Law Verfassungsblog Verfassungsblog--2366-7044 CC BY-SA 4.0 This contribution, presented in two parts, offers a predictive glimpse into future rule of law challenges due to the European Border and Coast Guard Agency’s (Frontex) primary responsibility for the automated processing and screening rules of the soon-to-be-operational European Travel Information and Authorisation System (ETIAS) at the EU’s external borders. . In Part I on legality, I argue that the ETIAS screening rules algorithm illustrates how automation can lead to what I suggest is a new form of arbitrariness – which I refer to as ‘algorithmic discretion’. This can be defined as a situation where the exercise of power and discretion and their limitations are not sufficiently specified at the legislative level but are delegated to an algorithm instead.