Dr. Spyridoula Katsoni
IFHV

Sharing the geolocation of asylum-seekers on the move with states outside the EU can result in these migrants being blocked from continuing their journey, contained in countries of transit (e.g. Libya), or forcibly returned to countries, where they face significant human rights risks. Destination states may also use such data to prevent asylum seekers’ arrival, often with violent means. Various companies have reportedly shared asylum-seekers’ geolocation with states, which misused it and hindered their search for refuge. The proposed  project explores private entities’ legal responsibility for geolocation data sharing that enables asylum-seekers’ containment or refoulement.

Precisely, it examines whether, and under which legal provisions, private entities have a legal obligation to refrain from sharing asylum-seekers’ geolocation with unsafe states. It aims to clarify the content of asylum-seekers’ right to privacy and data protection and to develop guidelines and ‘good practice’ examples on how private entities can comply with their obligation to protect and respect asylum-seekers’ rights when states seek their cooperation for asylum-seekers’ containment and refoulement.
This research fills a gap in literature, which focuses on states’ international responsibility for asylum-seekers’ refoulement or containment but overlooks the responsibility of private entities in this context. The project will produce practical outputs for companies handling sensitive data, legal experts advising them, the public who might avoid services from companies breaching international obligations, and decision-makers assessing these companies’ responsibility. Thus, the project aims for wide dissemination of its findings, responding to calls from companies, authorities, and the public for guidance and further research on this issue.