Entry/Exit System (EES) - Rodrigue Kayembe

EES is the European wide automated border management system used for registering Schengen external border crossings for non-EU nationals crossing for short stays.

European Data Protection Supervisor (EDPS)

• EU’s independent data protection authority with a mission to monitor and ensure the protection of personal data and privacy. Focussed on when EU Institutions and bodies process any personal of information of an individual. In the instance of EES, it seeks to safeguard the fundamental right to data protection non-EU nationals whose personal data and biometrics the EES collects.
• Regulation (EU) 2018/1725 outlines the rules for data protection in the EU institutions.  Article 57 of Regulation (EU) 2018/1725 and Article 58 of Regulation (EU) 2018/1725 define the duties and authorities of the EDPS
  
• Limited enforcement powers by design, has the powers to bind EU bodies but not the EU legislature. Evidenced by Europol case where it ordered Europol to delete large datasets on individuals with no established link to crime. The Parliament and Council responded by amending the Europol Regulation to permit retroactive authorisation of that type of processing. This decision to amend was challenged, however the Court held that it lacked standing, as its special status "is not intended to limit the powers of the EU legislature" (Case T-578/22 EDPS v Parliament and Council, 6 September 2023, para 48).

European Union Agency for Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA)

• Responsible for managing large-scale IT systems in supporting the implementation of asylum, border management, migration, and justice policies in the EU wide.
• eu-LISA mission is to support EU member states and their digitalisation efforts in the EU's Justice and Home Affairs (JHA) domain by ensuring:
  • The efficient development of large scale IT systems;
    
  • the effective, secure and continuous operation of large-scale IT systems under it's scope;
  • a high level of data protection;
  • continuity and uninterrupted service
  • appropriate level of data and physical security 

• Initially established by Regulation (EU) 1077/2011 and later it's mandate was reaffirmed under (EU) 2018/1726.
  

• One of eu-LISA weakness is around accountability, as it is essentially controlled by the actors that use it's systems. As per Reg. 2018/1726, art 20(1)) 

  the management Board must comprise of representative of each Member State and two Commission representatives.

Stichting Koninklijk Nederlands Normalisatie Instituut ("NEN")

• Supports the standardisation process in The Netherlands and notified as State standardisation body as per Regulation (EU) No 1025/2012 on European standardisation

   as amended.

• Participant member on ISO/IEC JTC 1/SC 37 on the standardising of biometric technologies to support interoperability and exchange of data between systems. 
• SO/IEC JTC 1/SC 37 incorporated incorporated into EES as required by (EU) 2019/329.
  
• Collaborate with partners, by pooling know-how of the markets and technological developments and translating this into applicable agreements. Promoting innovation, sustainability, safety, efficiency and international trade. 
• Legitimacy can be challenged, although of the committees are dominated by industry and technical experts.

IDEMIA Group:

• Public tender contract with eu-LISA, plus proprietary technology.
• Govern via design and code.
• Secure identity verification; including, its own commercial interest.
• Algorithms are proprietary.
  

Atmika: Highly informative regarding an interesting niche topic substansiated by instances and national as well as multinational instutitions. Weakness and limitation analysis was original and relevant.