EP rejects Commission's proposal on body scanners at airports
In adopting a resolution on the impact of security measures and body scanners on human rights, privacy, personal dignity and data protection, MEPs believe that this draft measure could exceed the implementing powers as the measures foreseen cannot be considered mere technical measures related to security, but have a serious impact on the fundamental rights of citizens. MEPs consider that the conditions for a decision have not yet been met, given that essential information is still lacking.
Parliament points out that the Commission has proposed a draft Commission regulation supplementing the common basic standards on civil aviation security, which inserts among the permitted methods for screening of passengers in EU airports 'body scanners', i.e. machines producing scanned images of persons as if they were naked, equivalent to a virtual strip search.
The House also says that a European framework to guarantee the rights of European passengers, in the event of body scanners being used, is essential to prevent each airport from applying different regulations and the decision of the Commission to phase out the ban on liquids by April 2010 at the latest is a positive step forward. In this context of setting up rules to increase security in aviation, the Commission already decided early this year, the need to also increase transparency in aviation security rules, such as liquid prohibition. Security in air transport is a key issues in EU's Agenda.
The House considers that that all aviation security measures, including use of body scanners, should respect the principle of proportionality as justified and necessary in a democratic society, and therefore asks relevant authorities, as a matter of urgency, to urgently deliver an opinion on body scanners by the beginning of November 2008.
Parliament reserves the right to verify the compatibility of such measures with human rights and fundamental freedoms with the EU legal services, and to take the necessary follow-up actions.
In the debate in Strasbourg on October 21st, MEPs stressed that this technology could potentially force air passengers to undergo what could be seen as undignifying treatment, and an invasion of privacy. Another major concern would be the storage of data. Although in principle, images would not need to be stored, the technology would allow it. Therefore, the Commission would, in EP's opinion have to clarify what events could lead to the storing of this data, how it would be protected, and whether it could be ruled today that this possibility would not be used, so that it could be ruled out completely.
MEPs ask the Commission to:
- Carry out a fundamental rights impact assessment.
- Consult the EDPS, the Article 29 Working Party and the FRA.
- Carry out a scientific and medical assessment of the possible health impact of such technologies.
- Carry out an economic, commercial and cost-benefit impact assessment.