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In its Declaration, the Conference urged States “to design, implement and enforce effective measures to eliminate the phenomenon popularly known as ‘racial pro.ling’ and comprising the practice of police and other law enforcement of.cers relying, to any degree, on race, colour, descent or national or ethnic origin as the basis for subjecting persons to investigatory activities or for determining whether an individual is engaged in criminal activity”.
It becomes important to draw attention to practices of racial pro.ling involving discrimination during civil aviation operations, at airports at departure and arrival, that have re-emerged, especially after the events of 11 September 2001. Such unacceptable practices, which are diametrically opposed to international tenets and norms of human rights, only succeed in causing insult and injury to individuals discriminated upon, creating rancour, and being totally inconsistent with the fun-damental principles of civil aviation as enunciated in the Chicago Convention.
VIII. Pro.ling and the Right of Privacy
Pro.ling of airline passengers could be carried out primarily through examination of the passenger’s passport. At its 33rd Session, held in September/October 2001, the ICAO Assembly, while acknowledging that new measures should be taken to enhance security, observed that such measures should not impede ICAO’s ongoing work in improving border control systems at airports and ensuring the smooth .ow of passengers and cargo. Consequently, the Assembly stressed that ICAO’s work on these issues should continue on an urgent basis. The machine readable travel document was among speci.c areas mentioned by the Assembly as requiring urgent continuing work, in keeping with UN Security Council Resolution 1373 of 23 September 2001, which re-af.rmed the need for continuing work to ensure the integrity and security of passports and other travel documents. In this context, the Assembly agreed that all contracting States should be urgently encouraged to issue their travel documents in machine readable format and enhance their security in accordance with ICAO speci.cations, while introducing automated travel docu-ment reading systems at their international airports.
These measures of the ICAO Assembly bring to bear the essential link between aviation security and facilitation and the fact that one cannot be ignored while the other is given some prominence, as is the case with aviation security at the present time.
The data subject, like any other person, has an inherent right to his privacy. The subject of privacy has been identi.ed as an intriguing and emotive one. The right to privacy is inherent in the right to liberty, and is the most comprehensive of rights
A. State Responsibility
and the right most valued by civilized man. This right is susceptible to being eroded, as modern technology is capable of easily recording and storing dossiers on every man, woman and child in the world. The data subject’s right to privacy, when applied to the context of the machine readable travel document (MRTD) is brought into focus by Alan Westin who says:
Privacy is the claim of individuals, groups or institutions to determine for themselves when, how, and to what extent information is communicated to others.
There are three rights of privacy relating to the storage and use of personal data:
(1)
The right of an individual to determine what information about oneself to share with others, and to control the disclosure of personal data.
(2)
The right of an individual to know what data is disclosed, and what data is collected and where such is stored when the data in question pertains to that individual; the right to dispute incomplete or inaccurate data.
(3)
The right of people who have a legitimate right to know in order to maintain the health and safety of society and to monitor and evaluate the activities of government.
It is incontrovertible therefore that the data subject has a right to decide what information about oneself to share with others and more importantly, to know what data is collected about him. This right is balanced by the right of a society to collect data about individuals that belong to it so that the orderly running of government is ensured.
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