Digital technologies in migration management: issues of legitimacy and the protection of human rights

Abstract

The article presents a comprehensive theoretical and legal study of the use of digital technologies in the management of migration processes within the context of the contemporary transformation of public administration. It substantiates that digitalization – encompassing electronic identification, public electronic registries, mobile digital solutions, and artificial intelligence systems – significantly enhances the efficiency, responsiveness, and accessibility of administrative services, while simultaneously transforming the substance of the realization of human rights and freedoms. It is established that, alongside the positive effects of digital innovations, a complex set of legal and ethical challenges emerges, including risks of violations of the right to privacy, discrimination resulting from algorithmic decision-making, insufficient transparency of digital systems, and limited possibilities for contesting such decisions. The study analyzes international and national legal standards governing digital technologies in the field of migration, in particular human rights instruments and data protection regulations that constitute the foundation for the legitimate use of digital tools. It is demonstrated that the effectiveness of digitalization largely depends on proper legal legitimation, which requires compliance with the principles of the rule of law, proportionality, non-discrimination, and the maintenance of an appropriate balance between state security interests and human rights. Particular attention is devoted to the issue of the legitimacy of digital decision-making in public administration, which is determined not only by formal legality but also by the level of trust in public institutions, the transparency of algorithmic processes, and the inclusiveness of digital services. It is argued that the use of artificial intelligence in the migration domain necessitates the introduction of effective mechanisms of oversight, accountability, and the possibility to challenge decisions adopted by automated systems. It is concluded that the digitalization of migration governance has an ambivalent nature, combining the potential to expand access to rights and services with the risks of excessive control and intrusion into private life. The necessity of developing a comprehensive, interdisciplinary, and human-centered approach to digital solutions in the migration field is substantiated, ensuring the integration of technological innovation with legal and ethical standards as a key prerequisite for their legitimacy and effectiveness.