Impact of aviation security measures and of body scanners on human rights, privacy, data protection and personal dignity

14.10.2008

ORAL QUESTION WITH DEBATE O-0107/08
pursuant to Rule 108 of the Rules of Procedure
by Philip Bradbourn and Marco Cappato, on behalf of the Committee on Civil Liberties, Justice and Home Affairs
to the Commission

The Commission has proposed including among the permitted methods for screening of passengers at EU airports 'body scanners', that is to say 'millimetre wave'-based technology machines that make it possible to obtain images of persons as if they were naked, in an extremely detailed manner, genitalia included. On the basis of the serious impact of the measure on fundamental human rights, the right to privacy, data protection and dignity, will the Commission:

 

1. 1Evaluate the proposal through a human rights impact assessment in relation to the relevant articles in the European Convention on Human Rights and as foreseen by the 'Communication on compliance with the Charter of Fundamental Rights in Commission Legislative Proposals' (COM(2005)0172)?

 

2. Consult the EDPS, as well as the Article 29 Working Party and the Fundamental Rights Agency?

 

3. Indicate why it is proposed that this should become a primary scanning system as opposed to a secondary one?

 

4. Indicate what measure will be taken to prevent any intrusive view of individuals' genitalia and other private parts of the body?

 

5. Under what circumstances an individual would be able to refuse to be subjected to such scanning?

 

6. What method of storage and disposal of images collected would be utilised should this system be adopted?

 

7. Justify the deployment of this technology across Europe's airports in terms of any increased threat level and the proportionality and necessity of the measure in a democratic society?

 

8. Explain how a measure which has such an impact on human rights and fundamental freedoms can be considered a mere technical measure related to civil aviation, to be examined according to the commitology procedure?

 

9. Detail which requirements and procedures will be proposed by the Commission to implement such a method of screening, and under which procedure they will be examined by the EP?

 

10. Carry out in-depth technical and scientific research into the possible impact on passengers' health and into the available technologies as well as those that are being developed, such as research on liquids?

 

11. Prior to any decision being taken, make sure that a wider, transparent and open debate involving passengers, stakeholders and institutions - including the LIBE Committee - at the EU and national level is held on such a delicate issue which affects fundamental citizens' rights?

 

 

Tabled: 14.10.2008

Forwarded: 16.10.2008

Deadline for reply: 23.10.2008