Biometric passports law - upheld by the Romanian authorities

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Deutsch: Gesetz zu biometrischen Pässen – von den Rumänischen Behörden bes...

Macedonian: Законот за биометриски пасоши поддржа...

The Emergency Government Ordinance introducing biometric passports in Romania remains applicable as the Legal Commission of the Senate advised it favourably on 3 March 2009 and the Romanian Appeal Court rejected on 18 February the appeal made by several NGOs for its suspension.

The ordinance had been resent on the 28 February to the Legal Commission by the Romanian Senate after heavy debates and concerns. Besides the very hot debate around the "malefic figure 666" allegedly occurring in the chip of the passports, the discussions in the Senate addressed also concerns related to the lack of a proper security system for the data stored for biometric passports.

"If a hacker with a laptop passes by you and captures the frequency of your passport chip, he can change you, in a few hours, from a criminal record free person into a drug or weapon dealer for example" stated Georgian Pop, deputy in the defence commission.

The ordinance has been heavily contested, the opponents arguing that it breaches the rights provided by the Constitution of Romania, the right to private life and the right to religion. It was also argued that the Government had not announced this act publicly, with the intention to meet EU requirements without taking into consideration the public opinion.

A big debate turned around the religious aspect of the matter. A lawyer at the case opened by the NGOs stated that "the introduction of chips into passports affects the right to religion because it changes the name given by God into a figure" and the procedure affects human freedom by surveillance and control measures.

Recently, the Saint Synod, the Romanian Orthodox Church highest board has agreed with the introduction of the biometric passports, but required the implementation of an alternative for those who do not wish to have biometric passports with chips.

"As some people are reluctant towards the biometric passports, an intervention will be made to the institutions of the Romanian State (Presidency, Parliament, Government) with the request to adopt the necessary measures to modify and complete the legislation in force by extending the provisions regarding the emergency cases (temporary passport) and for cases when, due to conscience or religious reasons, the person does not want an electronic passport including biometric data" says the press release of the Romanian Patriarchy.

The head of the General Division of passports Aurel-Vasile Sime stated that figure 666 did not occur anywhere and that the passports would not be biometric but electronic, including two biometric elements: face image and fingerprints. He also added that these new passports would not be mandatory, the Romanian citizens being able to choose temporary passports valid for one year that do not include biometric elements.

Since the end of 2008 many protests have taken places in several cities in the country against the introduction of electronic passports in Romania and they continued even after the favourable advice of the Legal Commission of the Senate and the rejection by the Bucharest Appeal Court of the NGOs appeal. About 300 members from several protested on 7 March in front of the Romanian Patriarchy. The participants stated that the measure meant all Romanians are considered potential criminals and that was an attack to their identity. They also protested against the lack of firmness from the Orthodox Church in this matter.

Romania is one of the first country to introduce biometric passports that include fingerprints, while even in the EU countries a strategy for the personal data protection in this respect is still unclear.

Favourable advice for the EGO introducing electronic passports with biometric identification elements (only in Romanian, 3.03.2009)
http://www.hotnews.ro/stiri-ultima_ora-5464136-aviz-favorabil-pentru-o...

The senators decided to resend the ordinance on the introduction of biometric passports to the Legal Commission (only in Romanian, 25.02.2009)
http://www.hotnews.ro/stiri-politic-5448158-senatorii-decis-retrimiter...

The Ordinance on biometric passports goes forward (Video) (only in Romanian, 18.02.2009)
http://www.mediafax.ro/social/ordonanta-privind-pasapoartele-biometric...

The biometric passports advised by the defence commission of the Deputy Chamber (only in Romanian, 10.02.2009)
http://www.mediafax.ro/social/pasapoartele-biometrice-avizate-de-comis...

Saint Synod requires an alternative to the biometric passports (only in Romanian, 28.02.2009)
http://www.realitatea.net/sfantul-sinod-solicita-alternativa-la-pasapo...

The request regarding the suspension of the effects of the ordinance on the introduction of biometric passports rejected by the court (only in Romanian, 18.02.2009)
http://www.hotnews.ro/stiri-esential-5428486-cererea-privind-suspendar...

EDRIgram: Romania: Protests against biometric passports (11.02.2009)
http://www.edri.org/edri-gram/number7.3/romania-biometric-passports-pr...