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The right to information is crucial to the operation of the EES as it ensures transparency and enables the protection of fundamental rights. Information promotes accountability, legal clarity and trust in the EU’s border management system.
The following findings were achieved through qualitative research.
- None of the BCPs in which the fieldwork took place, except Medyka (Poland) and Narva (Estonia), had information boards or leaflets at first-line checks.
- The common opinion across all BCPs in which the fieldwork was carried out is a need to anticipate the timing of the provision of information to non-EU nationals.
- A shift leader in Estonia noted that ‘in the future, having to photograph babies in strollers … will cause difficulties … for the person who has to do it, as they will have to explain to the parent why they are taking a picture of their child.’
- Academics in Germany and Italy noted that non-EU nationals may not fully comprehend the information provided.
- An academic in Bulgaria highlighted the potential risks related to language barriers and inconsistent information delivery across Member States.
The border guards survey revealed the following findings.
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84 % of border guards stated that based on their experience, providing advance information to passengers about the purpose, procedures and rights related to data collection in the EES is essential for ensuring the quality of biometric data (n = 175) [1] ‘n’ denotes the number of border guards who responded to the specific question across all nine border crossing points in which the fieldwork was carried out, out of a total of 177 participants to the survey. The total number of respondents for each question takes into account both respondents who gave substantial answers to the questions and those who selected the answer options ‘I do not know’ or ‘I prefer not to say’. It does not take into account questionnaire responses in which no answer option was selected.
. - 91 % of border guards say that giving non-EU nationals prior information on entry requirements would help their communication with them during first-line checks, along with information videos while waiting (81 %), access to interpretation tools (77 %), written information material provided while waiting (70 %) and foreign language support staff (68 %) (n = 176).
- 37 % of border guards say that many or some non-EU nationals are not well informed about checks, which affects their work negatively (n = 161).
- Officers mentioned time pressure (73 %), insufficient information material (61 %), communication and language difficulties (59 %) and lack of expertise (43 %) as challenges to informing non-EU nationals about checks (n = 172).
Under the EES Regulation, non-EU nationals must be clearly informed about the use of their personal data, their obligations and their rights. Article 50(1) of the regulation lists what non-EU nationals must be informed about and how they should be informed. It requires Member States to inform them about the need to provide fingerprints and facial images, the consequences of refusing to do so and the possibility of data being shared with law enforcement authorities or for return purposes. Individuals must also be informed of their rights to access, correct or delete their data, the use of data for monitoring overstaying, data retention periods and the right to lodge complaints. The regulation clarifies that information must be in writing, be concise, transparent, intelligible, easily accessible, use plain language and be in a language non-EU nationals understand or are reasonably expected to understand. Commission Implementing Decision (EU) 2022/1337 of 28 July 2022 sets out the template for the provision of information.
The right to information set out in the EES Regulation complements EU data protection law (see section 3), in particular Regulation (EU) 2016/679 (the General Data Protection Regulation (GDPR)). The EES Regulation must be interpreted in line with the right to respect for private and family life and the protection of personal data set out in Articles 7 and 8 of the Charter and the right to an effective remedy in Article 47 of the Charter. It must also comply with the right to good administration, which is a general principle of EU law. To promote fairness and legal protection when informing non-EU nationals, national authorities must avoid discrimination as prohibited by the Charter in Article 21 and take the necessary measures to respect the rights of the child (Article 24), of the elderly (Article 25) and people with disabilities (Article 26).
The following guidance may help national authorities to provide information on the EES to non-EU nationals in an effective and non-discriminatory manner that respects fundamental rights.
- Guidance 1.1: Making the European information campaign on the EES accessible on an official national website and complementing it, where appropriate, with national-level information made available online.
The following guidance may also fall into the remit of senior officers at BCPs.
- Guidance 1.2: Producing information material, which is as concrete and specific as possible, naming and providing contact details of the person(s) responsible for data protection matters and for the submission of complaints.
- Guidance 1.3: Supporting BCPs with guidance on how to set up on-site information points, providing information in multiple languages and accessible formats, such as QR codes, posters, pamphlets, screens with informative videos, braille stations, audio information, pictograms or symbols for children.
- Guidance 1.4: Encouraging BCPs to distribute QR codes linking to the web service to verify the remaining days of authorised stay.
- Guidance 1.5: Regularly monitoring whether information materials displayed at BCPs are easily accessible to all non-EU nationals without requiring them to leave the queue.
- Guidance 1.6: Deploying adequate staff at BCPs to respond to non-EU nationals’ questions in the different relevant languages.
- Guidance 1.7: Where needed and feasible, making cultural mediators or similar support staff available at BCPs to assist non-EU nationals during self-registration, particularly those with specific needs and with limited digital skills and to facilitate the identification and referral of vulnerable people.
- Guidance 1.8: Sharing relevant information material and coordinating, as appropriate, with transport companies (‘carriers’), travel agencies, visa authorities and neighbouring BCPs in non-EU countries to inform non-EU nationals about the EES in advance of their travel.
- The European Commission’s ‘EES Practical Handbook’ for national authorities (not publicly available).
- European Union Agency for Fundamental Rights, Border controls and fundamental rights at external land borders: Practical guidance, Publications Office of the European Union, Luxembourg, 2020, point 7.