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Information Commissioner warns against fingerprinting at new UK terminal

26 March, 2008
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

Mr. Richard Thomas, UK Information Commissioner warned Heathrow airport operator BAA that the plans to fingerprint all passengers at the new Terminal 5 may breach the UK Data Protection Act.

The 5.5 billion euro worth Terminal 5 was opened by the Queen on 16 March and is due to receive its first passengers on 27 March 2008. The airport plans to apply security measures that involve fingerprinting all passengers including domestic ones claiming fingerprinting was necessary so that all passengers could mix freely in Terminal 5 shopping mall area. Fingerprinting is already being applied for domestic passengers at Terminal 1. The passengers place a hand on a scanner which records four fingerprints and face a camera which takes their photograph.

The airport has issued leaflets saying: "To ensure we maintain the highest levels of border security, we are required to introduce additional controls for passengers travelling to UK destinations. For this reason, we will capture the photo and fingerprints of passengers. Only passengers who comply with these additional controls will be able to fly to UK destinations."

Following a complaint made by Privacy International on 9 March 2008, the Information Commissioner has launched an investigation to verify whether the airport "took account of the data protection implications of its proposal".

The complaint said that "compulsory fingerprinting...will substantially violate UK Data Protection law". In Privacy International's opinion, the reason for these measures is rather commercial as BAA wants to have more passengers spending money in the duty free shops. "To diminish privacy rights in order to achieve greater sales revenue is a disquieting development" says the document. On the airport's website one can read: "We're transforming Heathrow to make big improvements for all passengers. Domestic passengers will in future use the same departure lounges as international passengers. That means all our passengers will enjoy the same wide choice of shops and restaurants".

The Office of the Information Commissioner contacted BAA demanding evidence that it was acting lawfully and although BAA stated the measures had been required by the Government, the Home Office denied the statement.

A spokesman for BAA explained to The Times newspaper that the system is compliant with the UK law: "We are confident that there is no breach of the Data Protection Act and nor do these measures affect the fundamental rights of our passengers, principally because we encrypt all data immediately and destroy it within 24 hours."

In Privacy International's opinion the security actions planned by the airport are "unnecessary, intrusive and disproportionate". David Smith, the Deputy Information Commissioner, said: "We want to know why Heathrow needs to fingerprint passengers at all. Taking photographs is less intrusive. So far we have not heard BAA's case for requesting fingerprints. If we find there is a breach of data protection legislation, we would hope to persuade them to put things right. If that is not successful we can issue an enforcement notice. If they don't comply, it is then a criminal offence and they can be prosecuted. (...) Unless Heathrow provides evidence that the move is necessary, the Commissioner has the power to order it to stop fingerprinting passengers or face legal action".

The Office of the Information Commissioner has advised passengers that such a scheme would normally be considered "intrusive" and that they should have their fingerprints taken "under protest".

Terminal Five chaos threat over fingerprint plan: Commissioner tells passengers to protest at security measures (23.03.2008)
http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_artic...

Privacy International complaint poised to shut down Heathrow passenger fingerprinting (22.03.2008)
http://www.privacyinternational.org/article.shtml?cmd³³0³=x-347-561079

How to deal with the Heathrow fingerprint system (23.03.2008)
http://www.privacyinternational.org/article.shtml?cmd³³0³=x-347-561080

Privacy watchdog warns on Heathrow fingerprint system (26.03.2008)
http://www.out-law.com//default.aspx?page=8974

 

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