Data Protection and Security in Civil Aviation

It is believed that effective security must be ensured in the civil aviation sector. Lots of new technologies, systems and security devices aimed at enhancing security standards, preventing attacks and ensuring surveillance appear every day: intensified security checks of passengers and luggage; camera surveillance and Closed-Circuit Television; security measures based on biometrics; scanners, including whole-body scanners; transfer of air passenger data from airlines to the state authorities, etc.

 

Unfortunately, it is still questionable whether the new measures and technologies actually help the security. According to a number of surveys, there are doubts about whether they add value to the fight against terrorism and crime, while it is quite obvious that the system exposes air passengers to further restrictions and humiliations. 

 

Thus the security measures cannot be considered as mere technical measures relating to aviation security, as some of them have a serious impact on human rights, privacy, personal dignity, and data protection. These fundamental rights of individuals are protected by law nationally and internationally.  

 

The solution could be that all the security measures be accompanied by strong and adequate safeguards, procedures and rules which satisfy and ensure the human rights standards and requirements. But how can this be done in practice? To what extent and how do the legal norms provide such safeguards in civil aviation? Is it possible to find an appropriate balance between the need for surveillance and privacy-related interests? 

 

The principal objective of the project is to examine the impact of the security measures on privacy, data protection, and personal dignity; discuss and analyze legal problems, issues and disputes deriving from the conflict between the security measures and human rights; investigate legislative needs, shortcomings, contradictions and violations.  

 

The project involves the following legislation levels: (i) international regulation, (ii) the European Union, (iii) the USA, and (iv) Norway. 

 

The final aim of the project is to set forth perspective on how the problems can be resolved. It is a goal that the results of this research can contribute to development of regulations within the aviation field and can be useful for the society. It is a goal the conclusions found in this project could be used to improve the legislative system(s), so that security and privacy rules and issues could both exist in a more effective way.

 

Published Dec. 12, 2013 1:47 PM