TRESSPASS D9.6: Typologie ethischer, rechtlicher und sozialer Aspekte risikobasierter Grenzkontrollen

The goal of the TRESSPASS project is to develop, demonstrate and validate a single cohesive risk-based border management concept for air, maritime and land border crossing points. As part of this goal, the project follows an Ethics and Data Protection by Design (EDPbD) approach that builds on the author's previous ethical research. In this report, we identify those ethical, legal and societal aspects (ELSAs) that become relevant as unintended negative effects of implementing risk based border checks as part of a future border management regime. Twelve types of such ELSA related negative impact have been identified as part of a structured typology that addresses three main categories of ELSAs. This typology will form the basis for an evaluation framework that will be developed as part of TRESSPASS deliverables D9.7 and D9.8 (due in M18 and M36). The framework will allow a comparative assessment of introducing risk based screening concepts for border checks. It aims at allowing a better understanding of the positive as well as of the negative effects of introducing risk- based border checks as part of a future border management regime – and it will do so by comparing the effects of the procedural designs of border crossing points along the twelve types of potential impact specified in the present report’s typology. The types of impact identified in this typology have been conceptualized in such a way to allow the formulation of qualitative scales for assessment. These scales will be used as part of the ethical evaluation framework. By focusing specifically on risk-based approaches, we ultimately aim at enabling designers and decision makers – as well as, to a certain level of detail, the interested public – to evaluate the impact of introducing risk-based border checks. We hope that this will allow ethically informed and well-balanced decisions about the kind of checks at Europe’s external borders. The evaluation framework complements D1.4’s analysis of the current legal framework for border checks (which does not allow for risk based approaches), by addressing ELSAs beyond the question of current legal permissibility