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The European PNR Directive as an instance of pre-emptive, risk-based algorithmic security and its implications for the regulatory framework1

The European PNR Directive as an instance of pre-emptive, risk-based algorithmic security and its... The Passenger Name Record (PNR) Directive has introduced a pre-emptive, risk-based approach in the landscape of European databases and information exchange for security purposes. The article contributes to ongoing debates on algorithmic security and data-driven decision-making by fleshing out the specific way in which the EU PNR-based approach to security substantiates core characteristics of algorithmic regulation. The EU PNR framework appropriates data produced in the commercial sector for generating security-related behavioural predictions and does so in a way that gives rise to a paradoxical normativity directly dependent on empirical states. Its ‘securitisation move’ is moreover characterised by an inherent tendence to expand. As a result, the PNR Directive poses challenges for existing check and balance mechanisms and for human autonomy. These challenges could be partially addressed by strengthening ex-post control procedures and independent auditing. Yet in the decision to adopt a risk-based security model, something more fundamental seems to be at stake, namely, the preservation of the idea of human beings as moral agents able to direct and modify their behaviour in accordance with an intelligible, reliable and predictable normative order. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Information Polity iospress

The European PNR Directive as an instance of pre-emptive, risk-based algorithmic security and its implications for the regulatory framework1

Information Polity , Volume 27 (2): 16 – Jul 26, 2022

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Publisher
IOS Press
Copyright
Copyright © 2022 © 2022 – The authors. Published by IOS Press.
ISSN
1570-1255
eISSN
1875-8754
DOI
10.3233/ip-211531
Publisher site
See Article on Publisher Site

Abstract

The Passenger Name Record (PNR) Directive has introduced a pre-emptive, risk-based approach in the landscape of European databases and information exchange for security purposes. The article contributes to ongoing debates on algorithmic security and data-driven decision-making by fleshing out the specific way in which the EU PNR-based approach to security substantiates core characteristics of algorithmic regulation. The EU PNR framework appropriates data produced in the commercial sector for generating security-related behavioural predictions and does so in a way that gives rise to a paradoxical normativity directly dependent on empirical states. Its ‘securitisation move’ is moreover characterised by an inherent tendence to expand. As a result, the PNR Directive poses challenges for existing check and balance mechanisms and for human autonomy. These challenges could be partially addressed by strengthening ex-post control procedures and independent auditing. Yet in the decision to adopt a risk-based security model, something more fundamental seems to be at stake, namely, the preservation of the idea of human beings as moral agents able to direct and modify their behaviour in accordance with an intelligible, reliable and predictable normative order.

Journal

Information Polityiospress

Published: Jul 26, 2022

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