Stuck in my craw
I don't generally use this space for political rants, but I have finally decided to take action on a topic that will likely affect me personally quite shortly. It started with the following article yesterday on the BBC:
Women refuse to go through airport body scanners
Two women were stopped from boarding a plane at Manchester Airport after refusing to undergo a full body scan.
The passengers were due to fly to Islamabad on 19 February when they were selected at random to go through the new scanning machine.
One, who is believed to be a Muslim, refused on religious reasons and the other cited health grounds.
They are thought to be the first people to refuse to use the scanners since they became compulsory in February.
The machines were introduced as a trial at the airport in October 2009.
The women were warned they were legally required to go through the scanner, after being chosen at random, or they would not be allowed to fly, an airport spokesman said.
'Strict procedures'
It is not clear whether the women were travelling together.
Security staff use the X-ray machine to check for any concealed weapons or explosives but they have been criticised as an invasion of privacy.
A Manchester Airport spokesman said: "Two female passengers who were booked to fly out of Terminal 2 refused to be scanned for medical and religious reasons.
"In accordance with the government directive on scanners, they were not permitted to fly.
"Body scanning is a big change for customers who are selected under the new rules and we are aware that privacy concerns are on our customers' minds, which is why we have put strict procedures to reassure them that their privacy will be protected."
The women forfeited their flight and left the airport.
In US airports where scanners are installed passengers have the option of a undergoing a body search.
Yeah, even the notorious American TSA allows for alternative search procedures for those that object to the use of these machines.
I sent an email to BAA later that afternoon asking for clarification on the procedures and got the following back in reply:
Thank you for getting in touch about the recent changes in security for passengers travelling through Heathrow.
Following a move from the UK Government to strengthen airport security, some passengers travelling through our airport are required to be screened using body scanning equipment.
Body scanning equipment is able to detect concealed items while the passenger remains fully clothed and screening is conducted by BAA security officers.
We understand that some passengers have concerns about privacy and we have worked to ensure our security procedures safeguard passenger confidentiality. All images captured during this process are destroyed immediately on completion of the scan. They cannot be stored, copied, transmitted or retrieved. This process meets the requirements of the Data Protection Act 1998.
All search equipment and body scanners in place at Heathrow have been assessed for safety and are approved for use by the Department for Transport. They are safe for all passengers including pregnant women and people with pacemakers. The Department for Transport has published details of its own risk assessment on its website, www.dft.gov.uk.
In line with Department for Transport regulations, if a passenger refuses to undergo a scan they will not be permitted to pass through into the departure lounge. The safety of passengers is our top priority and we hope that you understand the need for us to enforce measures that can help mitigate the current threat.
I hope this helps reassure you for the next time you travel thorough Heathrow. If you would like more information on our security procedures, please visit www.heathrow.com.
Thank you again for taking the time to write.
Lovely. To my mind, the fact that both the BAA representative and the DfT website stresses that the images are immediately deleted and never stored shows that they know this is a massive privacy intrusion. In fact, there is some serious indication that these machines violate article 8 of the European Convention of Human Rights. I can very easily see how if people are barred from travelling due to objecting to these machines that it could also violate the EU right to freedom of movement.
I've just lodged a petition with No. 10, which is currently being "approved" before being posted. Once it is, I will be using social media, more traditional networking and contacting other MPs to put as much pressure on this issue as I can.
The petition is up! If you are resident of the UK or a citizen living abroad, please go sign it and feel free to share it with all your friends.
I think it is probably also ripe for judicial review, considering they implemented the policy without consultation of the public or made an a declaration of compatibility with the ECHR. The latter is tempting, but I'd rather see if traction can be made via the first method before resorting to the courts.
So, we'll see where this goes.
EDIT: Apparently, the schtick about them not being able to store images is a complete lie. One celebrity has already had his circulated from flying through Heathrow no less. I am NOT convinced. How would you like your naked body posted on the internet without your consent?
EDIT 2: An interesting legal analysis by Liberty in the Guardian
EDIT 3: A full blown legal analysis by Matrix Chambers can be found here (warning 20 page pdf)
Women refuse to go through airport body scanners
Two women were stopped from boarding a plane at Manchester Airport after refusing to undergo a full body scan.
The passengers were due to fly to Islamabad on 19 February when they were selected at random to go through the new scanning machine.
One, who is believed to be a Muslim, refused on religious reasons and the other cited health grounds.
They are thought to be the first people to refuse to use the scanners since they became compulsory in February.
The machines were introduced as a trial at the airport in October 2009.
The women were warned they were legally required to go through the scanner, after being chosen at random, or they would not be allowed to fly, an airport spokesman said.
'Strict procedures'
It is not clear whether the women were travelling together.
Security staff use the X-ray machine to check for any concealed weapons or explosives but they have been criticised as an invasion of privacy.
A Manchester Airport spokesman said: "Two female passengers who were booked to fly out of Terminal 2 refused to be scanned for medical and religious reasons.
"In accordance with the government directive on scanners, they were not permitted to fly.
"Body scanning is a big change for customers who are selected under the new rules and we are aware that privacy concerns are on our customers' minds, which is why we have put strict procedures to reassure them that their privacy will be protected."
The women forfeited their flight and left the airport.
In US airports where scanners are installed passengers have the option of a undergoing a body search.
Yeah, even the notorious American TSA allows for alternative search procedures for those that object to the use of these machines.
I sent an email to BAA later that afternoon asking for clarification on the procedures and got the following back in reply:
Thank you for getting in touch about the recent changes in security for passengers travelling through Heathrow.
Following a move from the UK Government to strengthen airport security, some passengers travelling through our airport are required to be screened using body scanning equipment.
Body scanning equipment is able to detect concealed items while the passenger remains fully clothed and screening is conducted by BAA security officers.
We understand that some passengers have concerns about privacy and we have worked to ensure our security procedures safeguard passenger confidentiality. All images captured during this process are destroyed immediately on completion of the scan. They cannot be stored, copied, transmitted or retrieved. This process meets the requirements of the Data Protection Act 1998.
All search equipment and body scanners in place at Heathrow have been assessed for safety and are approved for use by the Department for Transport. They are safe for all passengers including pregnant women and people with pacemakers. The Department for Transport has published details of its own risk assessment on its website, www.dft.gov.uk.
In line with Department for Transport regulations, if a passenger refuses to undergo a scan they will not be permitted to pass through into the departure lounge. The safety of passengers is our top priority and we hope that you understand the need for us to enforce measures that can help mitigate the current threat.
I hope this helps reassure you for the next time you travel thorough Heathrow. If you would like more information on our security procedures, please visit www.heathrow.com.
Thank you again for taking the time to write.
Lovely. To my mind, the fact that both the BAA representative and the DfT website stresses that the images are immediately deleted and never stored shows that they know this is a massive privacy intrusion. In fact, there is some serious indication that these machines violate article 8 of the European Convention of Human Rights. I can very easily see how if people are barred from travelling due to objecting to these machines that it could also violate the EU right to freedom of movement.
I've just lodged a petition with No. 10, which is currently being "approved" before being posted. Once it is, I will be using social media, more traditional networking and contacting other MPs to put as much pressure on this issue as I can.
The petition is up! If you are resident of the UK or a citizen living abroad, please go sign it and feel free to share it with all your friends.
I think it is probably also ripe for judicial review, considering they implemented the policy without consultation of the public or made an a declaration of compatibility with the ECHR. The latter is tempting, but I'd rather see if traction can be made via the first method before resorting to the courts.
So, we'll see where this goes.
EDIT: Apparently, the schtick about them not being able to store images is a complete lie. One celebrity has already had his circulated from flying through Heathrow no less. I am NOT convinced. How would you like your naked body posted on the internet without your consent?
EDIT 2: An interesting legal analysis by Liberty in the Guardian
EDIT 3: A full blown legal analysis by Matrix Chambers can be found here (warning 20 page pdf)