Concerns about Frontex
The European Border and Coast Guard Agency, Frontex, is under scrutiny for how it handles data about people trying to reach Europe. A letter to Euractiv from the European Data Protection Supervisor (EDPS) highlights alleged illegal operations and calls for clearer compliance with privacy rules across the EU. This ongoing oversight reflects broader questions about data collection, use, and protection in migration enforcement. Attribution: EDPS.
By the end of 2021, the European Union adopted a framework governing how personal information is processed for individuals seeking entry. In June 2022, privacy authorities urged Frontex to align its practices with these rules, emphasizing the need for stronger data protection governance. The EDPS signaled concerns about how Frontex organizes data processing responsibilities, arguing that current practices obscure who is accountable for data handling. Attribution: EDPS.
In the EDPS letter, the general rules for data processing are described as not clearly mapping onto Frontex’s activities. This lack of clarity was viewed as a potential risk to rights and transparency. The EDPS signatory, Wojciech Wiewiórowski, underscored the importance of explicit data responsibilities within Frontex and challenged the agency to implement reforms that make processing activities more accountable. Attribution: EDPS.
Despite some changes made by Frontex, the EDPS notes that not all recommendations from auditors have been fully adopted, and some nonbinding requests have limited influence. The EU oversight body maintains that Frontex continues to process a broad range of personal data without specifying the purposes behind each category. This practice raises questions about proportionality and necessity under EU data protection law. Attribution: EDPS.
The EDPS further questions the legal basis used to process particularly sensitive data, including categories that may reveal religious beliefs, sexual orientation, or political views. The concerns center on whether the current legal grounds are sufficiently robust to support such handling. Attribution: EDPS.
Context and historical concerns
Edps oversight of Frontex is not new. A report from the previous year highlighted issues with migrant interviews conducted by Frontex, noting that interviews were not always voluntary and that the identities of those questioned could be exposed. This finding points to potential gaps in consent and privacy protections during field operations. Attribution: EDPS.
Additional disclosures indicated that Frontex shared its reports with national and EU bodies tasked with police and criminal justice cooperation, such as Europol and Eurojust. The EU’s control authorities have examined whether this sharing complies with governance and data minimization principles. In particular, questions were raised about whether Frontex should have the ability to flag a person as suspicious and transfer those data to security services without clear safeguards. Attribution: EDPS.
A Frontex spokesperson told Euractiv that the agency maintains a continuous dialogue with the EDPS and remains committed to carrying out its activities while upholding fundamental rights. The statements emphasize ongoing collaboration and the aim to ensure that operations respect privacy protections. Attribution: Frontex spokesperson / Euractiv report.