A/75/590
location information, and more. 63 In some cases, officials go so far as to deprive
migrants and refugees of their personal devices. One submission reported that
“intercepted migrants are regularly stripped of their belongings by Croatian
authorities, particularly passports and other forms of ID, cell phones and power banks,
and are summarily expelled to Bosnia and Herzegovina”. 64
27. In Austria, Belgium, Denmark, Germany, Norway and the United Kingdom of
Great Britain and Northern Ireland, laws allow for the seizure of mobile phones from
asylum or migration applicants, from which data are then extracted and used as part
of asylum procedures. 65 These practices constitute a serious, disproportionate
interference with migrants’ and refugees’ right to privacy, on the basis o f immigration
status and, in effect, national origin. Furthermore, the presumption that data obtained
from digital devices necessarily leads to reliable evidence is flawed. 66 Governments
have also resorted to social media intelligence – the techniques and technologies that
allow companies or governments to monitor social media networking sites, such as
Facebook or Twitter. 67 Some of these activities are undertaken directly by government
officials themselves, but in some instances, governments call on companies to provide
them with the tools and/or know-how to undertake this surveillance. 68
28. One submission detailed concerning practices in Germany. 69 Pursuant to
section 15 of the amended Asylum Act (Asylgesetz), asylum seekers unable to
produce a valid passport or equivalent document must surrender all data carriers – not
only mobile phones, but also laptops, USB sticks, and even fitness wristbands – along
with login information to be “read out” by the Federal Office for Migration and
Refugees to confirm identity or nationality. 70 The Law on Better Enforcement of the
Obligation to Leave the Country (Gesetz zur besseren Durchsetzung der
Ausreisepflicht) also empowers the Federal Office for Migration and Refugees to
share the data with other government agencies, such as security authorities and
intelligence services. 71 If determined necessary, the readout takes place before the
asylum hearing upon the request of the Asylum Procedures Secretariat with the
asylum applicant’s signed consent, 72 although it is noted in the submission that
applicants are “under exceptional pressure to follow governmental requests” for fear
of negative consequences that could result from their asylum procedure. 73 This routine
practice affected more than half of all first-time asylum applicants in the past two
years, 74 and with regard to certain nationalities more than others raised serious
concerns of de facto national origin discrimination.
29. This invasive data extraction from personal devices in Germany is
unprecedented, and targets only asylum seekers, and the legalization of these
measures was based on racist and xenophobic assumptions in political discourse. 75
The submission further emphasizes that data carrier evaluations have proven
unsuitable to verify the identity or national origin of the asylum seeker with any
degree of certainty, or to prevent abuse of asylum procedures. 76 Approximately a
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64
65
66
67
68
69
70
71
72
73
74
75
76
20-14872
Ibid.; and submission by Privacy International et al.
Submission by Border Violence Monitoring Network.
Submission by Privacy International et al.
Submission by Geselleschaft für Freiheitsrechte.
Submission by Privacy International et al.
Ibid.
Submission by Geselleschaft für Freiheitsrechte.
Ibid.
Ibid.
Ibid.
Ibid.
Ibid.
Ibid.
Ibid.
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