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The Entry-Exit System: guidance for managers to apply its fundamental rights safeguards

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Setting the scene

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.

Selected findings from the field research

Qualitative research:

  • All the BCPs in which the fieldwork took place, except Medyka (Poland) and Narva (Estonia), did not have information boards or leaflets at first line checks.
  • The common opinion across all BCPs in which the fieldwork has been carried out is a need to anticipate the timing of the information provision to third-country 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 third-country nationals may not fully comprehend the information provided.
  • An academic in Bulgaria highlighted potential risks related to language barriers and inconsistent information delivery across Member States.

Border guards survey:

  • 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 9 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 the number of respondents 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 third-country nationals prior information on entry requirements would help their communication with them during first line checks, in addition to information videos while waiting (81%), having 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 third-country 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 third-country nationals about checks. (n=172)

Legal references

Under the EES Regulation, third-country nationals must be clearly informed about the use of their personal data, their obligations and their rights. Its Article 50(1) lists what third-country nationals must be informed about and how. 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 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 overstay, data retention periods, and the right to lodge complaints. The regulation clarifies that information must be in writing, be concise, transparent, intelligible, easily accessible, using plain language, and in a language third-country 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 the General Data Protection Regulation (EU) 2016/679 (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 third-country 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 persons with disabilities (Article 26).

Guidance points

The following actions may help national authorities to provide information on the EES to third-country nationals in an effective and non-discriminatory manner that respects fundamental rights:

  1. Making the European information campaign on EES accessible on an official national website, complementing it, where appropriate, with national-level information made available online.
  2. Producing information material, which is as concrete and specific as possible, naming and providing contact details of the person(s) responsible for ensuring data protection matters and for the submission of complaints.
  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.
  4. Encouraging BCPs to distribute QR codes linking to the webservice to verify the remaining days of authorised stay.
  5. Monitoring regularly whether information materials displayed at BCPs are easily accessible to all third-country nationals without requiring them to leave the queue.
  6. Deploying adequate staff at BCPs to respond to third-country nationals’ questions in the different relevant languages.
  7. Where needed and feasible, making cultural mediators or similar support staff available at BCPs to assist third-country nationals during self-registration, particularly those with specific needs and with limited digital skills and to facilitate the identification and referral of vulnerable persons. 
  8. Sharing relevant information material and coordinating, as appropriate, with transport companies (’carriers’), travel agencies, visa authorities, and neighbouring BCPs in third countries to inform third-country nationals about the EES in advance of their travel.

Further reading: