Dati biometrici, migrazioni e protezione internazionale tra finalità anfibie e duali del controllo sociale nella società algoritmica

This chapter explores the evolving intersection between biometric data collection, migration governance, and international protection within the European Union, focusing on the normative and technological shifts brought about by the 2024 “New Pact on Migration and Asylum.” The analysis centers on the concept of the Biometricon, as biometric control on migrations and borders, a hybrid and pervasive model of surveillance that reflects a shift from traditional border control to algorithmic governance. It critically examines how biometric technologies—ranging from fingerprinting to facial recognition and behavioral data—are embedded within EU regulations, such as the Eurodac reform and the AI Act, to serve dual purposes: facilitating asylum procedures while simultaneously enabling enforcement actions like identification, deportation, and criminal investigation. The chapter questions the legitimacy and legal coherence of these practices, particularly in relation to vulnerable populations such as minors and asylum seekers, highlighting concerns over data protection, transparency, and human rights. Drawing from legal theory, surveillance studies, and empirical data, it argues that the biometric regime not only introduces a new form of digital border but also produces legal ambiguities and ethical tensions. Such technologies, while presented as tools for efficiency and security, risk normalizing exclusionary practices and deportations in third “safe” countries under the guise of humanitarian governance. The work concludes by emphasizing the need for a rights-based and accountable approach to biometric surveillance, particularly in the context of international protection. It warns against the emergence of “a-legal” zones—where legality is suspended or blurred—resulting from the nemesis of Law, as the externalization of EU borders and the deployment of advanced surveillance infrastructures. Ultimately, the Biometricon is portrayed as a symbol of the algorithmic society’s tendency to codify and control human mobility in ways that challenge established legal norms and the foundational principles of human dignity and asylum rights.