The Entry/Exit System of the EU: TCNs between the processing of personal data and AI applications at the borders

<p><span>Migration management has become a central issue for developed countries. In recent years, especially due to terrorism and the breaking out of new wars, the European Union (EU) has undertaken the fundamental task of effectively implementing digital technologies to control the flow of third country nationals within its territory.</span></p> <p><span>There is a growing body of legislation that strives to regulate each aspect of migration with the objective of coordinating freedom of movement and security. Within this hive of laws, back in 2017 the EU adopted Regulation (EU) 2017/2226 establishing an Entry/Exit System (EES) to register entry and exit data and refusals of entry of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes. In spite of the long time passed since its adoption, the EES is not yet fully operative.</span></p> <p><span>The aim of this essay is to explore the relationship between the EES and the most important and impactful EU regulations on digital technologies. </span></p> <p><span>The paper begins by exploring the main novelties introduced by the EES Regulation, first of all clarifying the role and scope of the EES with respect to the systems already in use (such as the EURODAC, the VIS, and the SIS II) and then dissecting its main contents. It will then go on to analyse the compliance of the EES with the General Data Protection Regulation (EU) 2016/679 (GDPR), the Law Enforcement Directive (EU) 2016/680 (LED) and Regulation 2018/1725</span><span>, diving into the consequences of the EES on the access to and processing of personal data. The essay will further investigate the relationship between the EES and the Artificial Intelligence Regulation (EU) 2024/1689 (AI Act), with the aim of identifying potential inconsistencies in the management of biometric data within the field of migration. While evaluating these connections, the essay will attempt to define the potential impact of the EES on the fundamental human rights of third country </span><span>nationals, especially considering the risks for the rights to privacy, data protection and equal treatment.</span></p> <p></p> <p><span>The significance of the study cannot be underestimated, as it poses fundamental questions on the future of smart borders initiatives, the direction of the regulatory framework with respect to third country nationals and the current position of EU law on the protection of the travellers' rights. &nbsp;</span></p>