Introduction

The release of heavily redacted documents by the US Customs and Border Protection (CBP) agency has sparked concerns about the transparency and accountability of its border control app, CBP One [1] [2]. This follows a Freedom of Information Act (FOIA) request by Access Now, a digital rights advocacy organization [2], which sought to uncover details about the app’s handling of personal data and its implications for migrants.

Description

The US Customs and Border Protection (CBP) agency has released 2,912 pages of heavily redacted documentation regarding CBP One, its border control app [2], following a Freedom of Information Act (FOIA) request submitted by the digital rights advocacy organization Access Now in December 2022 [2]. This request sought all records related to the app since its launch in October 2020 [2], with support from the Harvard Law School Cyberlaw Clinic [1] [2].

Concerns have been raised about the app’s handling of migrants’ personal data, particularly in relation to automated decision-making processes, profiling [2], and the registration of migrants, refugees [2], asylum seekers [2], and stateless individuals. Ángela Alarcón [2], a campaigner at Access Now [2], highlighted issues regarding the app’s impact on migrants’ well-being [2], especially concerning the transparency of personal data processing and the ability to secure asylum appointments. Alarcón expressed hopes that the released information would clarify whether migrants’ personal data is being misused and emphasized the need for caution regarding the quality of the information provided [2].

Additionally, lawsuits have been initiated against CBP and ICE due to inadequate responses to previous FOIA requests [1], further underscoring the ongoing concerns about transparency and accountability in the agency’s operations.

Conclusion

The release of these documents, albeit heavily redacted [1], underscores the critical need for transparency in the use of technology in border control operations. The concerns raised by Access Now and the subsequent legal actions highlight the potential risks associated with the misuse of personal data and the importance of safeguarding the rights and well-being of migrants. Moving forward, it is imperative for agencies like CBP to enhance their transparency and accountability measures to ensure the ethical use of technology in border management.

References

[1] https://thenimblenerd.com/article/cbp-one-app-data-drama-unfolds-as-migrant-privacy-gets-the-spotlight/
[2] https://www.infosecurity-magazine.com/news/us-border-app-personal-data/