In a newly published article in Elsevier’s Computer Law & Security Review, AFAR researcher Dr. Francesca Palmiotto delves into the complexities of automation within asylum procedures.
As EU asylum processes become increasingly digitalised, automated tools and interoperable databases are being deployed to support—and in some cases, replace—decisions that were traditionally made by humans. As part of continued research within the framework of AFAR project, Francesca Palmiotto’s paper investigates how procedural fairness intersects with these automated systems, exploring how EU law and fundamental rights can address the challenges posed by automation.
Through a detailed legal analysis of EU primary and secondary law, alongside case law from national courts and the Court of Justice of the European Union (CJEU), this paper examines the standards that apply to the use of automated systems in asylum procedures. It argues that the rights to privacy and data protection can play a crucial role in enhancing procedural fairness for asylum seekers, placing responsibility on authorities to act as intermediaries between the technologies and the individuals whose rights are at stake.
As automated decision-making becomes more prevalent in public administration, the article calls for a fundamental rights-based approach to AI governance, especially within the asylum process, to ensure the protection of asylum seekers and refugees.
Read the full open-access article here.
Francesca Palmiotto is an Assistant Professor of Law at IE University, Madrid and a Research Fellow at the Centre for Fundamental Rights. Before joining IE University, Francesca was a postdoctoral researcher at the Centre for Fundamental Rights in the project "AFAR: Algorithmic Fairness for Asylum Seekers and Refugees", funded by the Volkswagen Foundation. This 4-year collaborative research, investigates the use of new technologies in migration and asylum governance.
About the author:
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Francesca Palmiotto, Postdoctoral Researcher, Centre for Fundamental Rights (2022 - 2024)