09 August 2023

Negotiated procedure for a middle value contract: Assessing potential algorithmic bias in the European Travel Information and Authorisation System (ETIAS)

Closed

D-SE-23-T04
Negotiated procedure
FRA works on the topic of IT systems and fundamental rights since a number of years,
including on ETIAS (European Travel Information and Authorisation System) as outlined in
the Agency’s Single Programming Document 2023-2025. FRA will aim, under the planned
project, to provide evidence on possible bias when using algorithms through simulation and
testing of selected cases.

Open until :

23 August 2023 17:00
Publication date
09 August 2023

The planned project will focus on the use of algorithms to support decision making in the context of ETIAS – with a specific focus on bias, as it relates to the fundamental right to non-discrimination.

When referring to bias that may lead to discrimination, we refer to algorithms which may produce (unwanted) differential treatment of individuals based on protected characteristics.

Specifically, the purpose of this contract is to provide FRA with an illustration of potential bias based on ethnicity, gender, age and social origin in the context of the implementation of ETIAS. The selected contractor will be requested to design algorithms and undertake simulations to test the risk for bias through the screening rules which will be developed thorough ETIAS.

A global consensus has emerged among both researchers and policy-makers that risks of algorithmic discrimination are multifaceted. Understanding these risks and the types of legal challenges they create is key to ensuring equality and combating discrimination1.

The ETIAS was established by Regulation 2018/1240. ETIAS will carry out pre-border checks through automated risk assessments of visa-free third-country nationals who wish to travel to the Schengen area to determine whether they would pose a security, irregular immigration or high epidemic risks. Anyone coming from a visa free country (by end of June 2023 this concerns more than 60 third countries) will have to apply online through a website or an app to obtain an ETIAS travel authorisation prior to their journey.

The ETIAS screening rules are an algorithm enabling profiling to check the data in the application form against specific indicators designed to identify if the person may pose a specific risk to security, irregular migration or a high epidemic risk (see Article 33 of the ETIAS Regulation). According to Art. 4 (4) of Regulation 2016/679 (GDPR) ‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

Technical and professional capacity

The tenderers must propose at least three key experts who meet the below criteria:

Project manager:
The project manager is responsible for the coordination of the project, and communication with FRA. The project manager should have a good knowledge about how algorithms work and are used in practice and be experienced in project management.

  • University degree;
  • A minimum of two (2) years of proven experience of managing social science research on topics linked to digitalisation, artificial intelligence, algorithms or machine learning, proven by one (1) publication/report or one (1) completed project in the area;
  • Excellent knowledge of English (Common European Framework of Reference (CEF) level C1).

Data science expert:

  • University degree;
  • At least four (4) years of proven experience of research in machine learning, or statistics, or computational social science or related fields;
  • Good programming skills in the area of machine learning and/or statistics, for example using Python, R or similar programming languages, proven by two (2) publications or projects involving computer code (this could include a scientific analysis using programming, or the publication of computer code, or unpublished sample code);
  • Proven experience of carrying out simulation studies of algorithms, proven by at least one publication on the results or completion of one (1) project involving computer simulations;
  • Good knowledge of English (Common European Framework of Reference (CEF) level B2).

Expert in discrimination and algorithms:
The expert in discrimination and algorithms is responsible for analysing the impact of the bias analysed in this project on people. The expert should have an understanding of technology, in particular on bias in algorithms and discrimination, and should be able to describe these topics to a non-expert audience.

  • University degree in law, social science or related;
  • Experiences and knowledge about the use of algorithms and algorithmic bias, proven by one (1) publication on the results or completion of one (1) project involving bias in algorithms and/or ethical or human rights issues dealing with the use of algorithms, machine learning or artificial intelligence (AI);
  • Excellent knowledge of English (Common European Framework of Reference (CEF) level C1).

No documents proving the fulfilment of these criteria are requested at this stage.

Participation in this negotiated procedure for a middle value contract is open to natural and legal persons falling within the scope of the EU Treaties (this includes all economic operators established in the European Union) and to all natural and legal persons established in a third country which has a special agreement with the Union in the field of public procurement on the conditions laid down in that agreement. FRA is not part of the Agreement on Government Procurement (GPA) concluded within the World Trade Organisation. Therefore, the procurement procedure is not open to candidates from GPA countries.

If you would like to participate in this negotiated procedure, please register your interest by email to procurement@fra.europa.eu, including your contact details (name, organisation, address, country and e-mail) before 23/08/2023 (17:00 CEST Vienna local time).

Please note that registration of interest to participate in the above-mentioned procedure does not give rise to any legitimate expectations to be invited.


(1) European network of legal experts in gender equality and non-discrimination (2020), Algorithmic discrimination in Europe, p7.