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16/02/2010
Legal Concerns Over Body Scanners
Full-body security scanners at major British airports could break the law, Equality and Human Rights Commission has warned.
Calling for immediate action on policy, the Commission wrote to Transport Secretary Lord Adonis detailing its legal argument.
The Commission said that although it recognises the threat posed by terrorist activities, there is an apparent "absence of safeguards" to ensure the body scanners are operated in a "lawful, fair and non-discriminatory manner".
It also raised doubts whether the decision to roll this out in all UK airports complies with the law.
Body scanners already in place at Heathrow and Manchester airports may be breaking discrimination law as well as breaching passengers’ right to privacy, the Commission said.
It calls on the Government to ensure that these concerns are addressed.
Home Secretary Alan Johnson has indicated in the House of Commons that people will be selected on a random basis, but this has not been publicly endorsed by the Transport Secretary.
"The lack of transparency about how people will be chosen for body scanning means that it would be impossible for passengers to challenge why they’ve been selected," said a spokesman for the human rights body.
Although breaching people’s right to privacy can be justifiable under human rights legislation, if it is for national security, but the Commission argued that the Government has failed to demonstrate that this policy is currently justifiable within the law.
Trevor Phillips, chair of the Commission said: "State action like border checks, stop and search and full body scanning are undertaken for good reasons.
"But without proper care such policies can end up being applied in ways which do discriminate against vulnerable groups or harm good community relations."
He added: "National security policies are intended to protect our lives and our freedoms; but it would be the ultimate defeat if that protection destroyed our other liberties."
(PR/GK)
Calling for immediate action on policy, the Commission wrote to Transport Secretary Lord Adonis detailing its legal argument.
The Commission said that although it recognises the threat posed by terrorist activities, there is an apparent "absence of safeguards" to ensure the body scanners are operated in a "lawful, fair and non-discriminatory manner".
It also raised doubts whether the decision to roll this out in all UK airports complies with the law.
Body scanners already in place at Heathrow and Manchester airports may be breaking discrimination law as well as breaching passengers’ right to privacy, the Commission said.
It calls on the Government to ensure that these concerns are addressed.
Home Secretary Alan Johnson has indicated in the House of Commons that people will be selected on a random basis, but this has not been publicly endorsed by the Transport Secretary.
"The lack of transparency about how people will be chosen for body scanning means that it would be impossible for passengers to challenge why they’ve been selected," said a spokesman for the human rights body.
Although breaching people’s right to privacy can be justifiable under human rights legislation, if it is for national security, but the Commission argued that the Government has failed to demonstrate that this policy is currently justifiable within the law.
Trevor Phillips, chair of the Commission said: "State action like border checks, stop and search and full body scanning are undertaken for good reasons.
"But without proper care such policies can end up being applied in ways which do discriminate against vulnerable groups or harm good community relations."
He added: "National security policies are intended to protect our lives and our freedoms; but it would be the ultimate defeat if that protection destroyed our other liberties."
(PR/GK)
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