The Equality and Human Rights Commission of the United Kingdom (U.K.) has warned that government policy on body scanning at U.K. airports may not be within the law.
In a letter sent on Tuesday to Lord Andrew Adonis, secretary of state for Transport, the Commission stated that a lack of clarity regarding the selection criteria for scans and the lack of safeguards could mean they are not used in “a lawful, fair and nondiscriminatory manner.”
“The commission also has serious doubts that the decision to roll out this system in all U.K. airports complies with the law or properly assesses the impact it may have,” the letter stated.
At present, people chosen to have a full body scans must comply, or they will be barred from taking their flights.
In its letter, the Commission stated it understands why the government has not made public the selection criteria for scans. However, the letter also stated,“However, we consider that it is very likely that some criteria, for example, religious dress, destination, nationality, or national origin, would also have an unlawful directly or indirectly discriminatory effect.”
“As things stand, there is too little transparency and too much scope for arbitrariness and wrongful discrimination for the Interim Code to be capable of complying with the law.”
The first scanners were used in Heathrow and Manchester airports on Feb. 3 after the failed attempt by Umar Farouk Abdul Mutallab to blow up a jet bound for Detroit on Christmas Day.
Soon after the 9/11 crisis, temporary emergency security measures were immediately set out in airports. These were expanded and made more specific and now include:
* random searching of carry-on baggage for flights to the U.S. or Canada prior to, or immediately after, check-in.
* more searching by hand of passengers and their cabin baggage upon entry into the restricted zone (passengers only), plus secondary searching at the departure gate for flights to the U.S. and Canada.
* an expanded list of articles which cannot be taken into the restricted zone or on the aircraft.
* screening or searching of retail goods upon entry into the restricted zone.
* guards stationed within the restricted zone for aircraft departing to the U.S. or Canada.
* additional mobile patrols within the restricted zone.
The commission’s action comes days after a fatwa (Islamic religious ruling) was issued by a council of 10 scholars affiliated with the Islamic Society of North America. The fatwa states that body scanning would violate Islamic rules on modesty.
In a letter sent on Tuesday to Lord Andrew Adonis, secretary of state for Transport, the Commission stated that a lack of clarity regarding the selection criteria for scans and the lack of safeguards could mean they are not used in “a lawful, fair and nondiscriminatory manner.”
“The commission also has serious doubts that the decision to roll out this system in all U.K. airports complies with the law or properly assesses the impact it may have,” the letter stated.
At present, people chosen to have a full body scans must comply, or they will be barred from taking their flights.
In its letter, the Commission stated it understands why the government has not made public the selection criteria for scans. However, the letter also stated,“However, we consider that it is very likely that some criteria, for example, religious dress, destination, nationality, or national origin, would also have an unlawful directly or indirectly discriminatory effect.”
“As things stand, there is too little transparency and too much scope for arbitrariness and wrongful discrimination for the Interim Code to be capable of complying with the law.”
The first scanners were used in Heathrow and Manchester airports on Feb. 3 after the failed attempt by Umar Farouk Abdul Mutallab to blow up a jet bound for Detroit on Christmas Day.
Soon after the 9/11 crisis, temporary emergency security measures were immediately set out in airports. These were expanded and made more specific and now include:
* random searching of carry-on baggage for flights to the U.S. or Canada prior to, or immediately after, check-in.
* more searching by hand of passengers and their cabin baggage upon entry into the restricted zone (passengers only), plus secondary searching at the departure gate for flights to the U.S. and Canada.
* an expanded list of articles which cannot be taken into the restricted zone or on the aircraft.
* screening or searching of retail goods upon entry into the restricted zone.
* guards stationed within the restricted zone for aircraft departing to the U.S. or Canada.
* additional mobile patrols within the restricted zone.
The commission’s action comes days after a fatwa (Islamic religious ruling) was issued by a council of 10 scholars affiliated with the Islamic Society of North America. The fatwa states that body scanning would violate Islamic rules on modesty.
