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Setting the scene
Training is crucial for a fundamental rights-compliant EES. It ensures that all staff involved learn how to deal with the different situations they may encounter in practice in a manner that fully respect individuals' rights.
Selected findings from the field research
Qualitative research:
- At the researched BCPs, relatively few border guards had the opportunity to participate in specific in-person training sessions on the EES, most of them followed online training, which was considered as a limitation in terms of access to hands-on practice, immediate feedback and the chance to discuss real-life scenarios with trainers and colleagues.
- At the time of the research at border crossing points, many border guards did not know what they would need to do in case of erroneous data entry in the EES.
- At the time of the research at border crossing points, many border guards were not yet aware of the mechanisms for data correction in the EES.
Border guards survey:
- As training needs, border guards mentioned: categories of passenger exempted from EES (60%), procedures concerning asylum applicants and their registration in EES (45%), data correction possibilities at first line and referral (45%), procedures concerning children (42%), performing thorough checks when there are EES discrepancies (41%), taking and verifying biometric data from people with special needs (36%), communicating effectively with third-country nationals (28%), use of upcoming interoperability of EU large-scale information systems in border checks (21%). (n=173)
Legal references
Article 38(5) of the EES Regulation says that staff who are allowed to access and use data in the EES must first receive proper training. This training should cover how to keep data secure, how to protect people’s personal information, and how to respect their fundamental rights.
Guidance points
The following actions may help national authorities to enhance the fundamental rights knowledge and skills of all staff working with the EES:
- Regularly reviewing and updating the fundamental rights components of EES training adapting the content to evolving practices and lessons learnt.
- Incorporating fundamental rights into on-the-job learning on the EES to reinforce knowledge and adapt to evolving practices and responsibilities.
- Continuing to offer targeted training to first-line officers on the following fundamental rights aspects concerning the EES:
- How to take fingerprints and facial images in a child and gender-sensitive manner;
- How to provide clear and non-discriminatory explanations on the purpose and process of biometric data collection;
- How to apply child-friendly communication, including simple and non-intimidating language, and providing child-friendly information materials (e.g., illustrated guides, videos);
- How to respect data protection principles, cybersecurity rules, data security rules, network and information systems’ rules, based on use-cases and simulation examples;
- How to treat people with dignity and professionalism during biometric data collection with cultural sensitivity and awareness of implicit bias;
- How to apply the ‘human in the loop’ approach when assessing data quality and risks of possible data entry or matching mistakes;
- How to effectively inform third-country nationals who requested the rectification, completion or erasure of their data;
- How to recognise signs of distress or discomfort and how to provide support, particularly for people with specific needs, such as children, older people, and persons with disabilities;
- How to assist persons with disabilities and with other specific needs respectfully and professionally, while ensuring their privacy and security;
- How to assess justified reasons for overstaying and how to treat overstayers with dignity and impartiality in accordance with the principle of non-discrimination, regardless of their legal status.
- How to treat applicants for international protection whose data have already been registered in the EES, ensuring respect for their dignity, the right to asylum, and the principle of non-refoulement.
Further reading:
- EES Practical Handbook
- FRA, Border controls and fundamental rights at external land borders, 2020, point 10.