Biometric Technology at the Borders of Citizenship
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borderline contexts, might well represent a breach of trust and originate waves of
chilling effect across populations and individuals in similar conditions, who will
refrain from sharing their data out of mistrust for the algorithmic readability of what
sociologists of crime like Haggerty and Ericson (2003) call “data doubles” (Ruckenstein 2014). The latter are “collated” pieces of data which were supposed to be
handled independently but that once read together, may provide original insights or
predictive patterns about an individual’s choices and behavior; they often defeat the
teleology or any confidentiality upon which data sharing with the government is
customarily premised. When the whole-of-government approach within governmental departments is coupled with revolving doors between public and private
appointments (and related databases and technology solutions), it is probably wise to
raise some concerns in relation to data being actually processed exclusively for the
purposes it was first collected, and shared or read by no other entity.
The World Economic Forum (WEF) believes that biometrics gathering for digital
identity should be driven by FIs worldwide, along the entire chain of service delivery,
authorisation, attribute exchange, authentication, attribute collection, and standard
development. They propose so under the (unreferenced) assertion that FIs would be
entrusted with the highest confidence by “users” with regards to asset protection and
information confidentiality (World Economic 2016, 23; 80; 89). Anybody who is
familiar with the global governance of information, as well as with PIL, however,
knows way too well that this is not the case. FIs are primary subjects and objects of
regulatory outreach by the most powerful States, starting with the US; under the tag
of inter alia “anti-money laundering”, tax agencies and several other enforcement
bodies tend to assert their power extrajurisdictionally to compel identity disclosure,
due diligence, and/or data handover. While this is not an issue in the absolute, it
becomes so in contexts of borderline citizenship, whose actors already belong to the
most vulnerable and marginalised fractions of the most fragile societies.
To begin with, US corporate conglomerates have no business interest in
deploying biometrics technology in the contexts described here, to the extent that if
such technology’s development is wholly outsourced to them, risks are that these
populations and individuals will fall outside their scope of action, or will be anyway
designed with other targets in mind and thus not tailored to the specific needs being
expounded here. Even if they were covered, however, they would not necessarily be
so for the right reasons, but rather to demark even more pre-emptively the perimeter
of those who can “access” (territories and services) from those who cannot. Individuals
at the borders of citizenship are unlikely to have their financial records completely
clear (or to have any at all), which might well be due to political persecution, group
discrimination, fear of reprisal, intergenerational oppressions, and mistrust in
institutionalised asset preservation. Second, and from a more legal governance
perspective, FIs are increasingly being resorted to as an instrument of economic