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The role played by technology in modern day commercial transactions has affected a large number of activities pertaining to human interaction. The emergence of the information superhighway and the concomitant evolution of automation have inevitably transformed the social and personal life styles and value systems of individuals, created unexpected business opportunities, reduced operating costs, accelerated transaction times, facilitated accessibility to communications, shortened distances, and removed bureaucratic formalities. Progress notwithstanding, techno-logy has bestowed on humanity its corollaries in the nature of automated mechan-isms, devices, features, and procedures which intrude into personal lives of individuals. For instance, when a credit card is used, it is possible to track purchases, discovering numerous aspects about that particular individual, including, food incli-nation, leisure activities, and consumer credit behaviour. In similar vein, computer records of an air carrier’s reservation system may give out details of the passenger’s travel preferences, inter alia, seat selection, destination fondness, ticket purchasing dossier, lodging keenness, temporary address and telephone contacts, attendance at theatres and sport activities, and whether the passenger travels alone or with someone else. This scheme of things may well give the outward perception of surveillance attributable to computer devices monitoring individuals’ most intimate activities and preferences, leading to the formation of a genuine “traceable society”.
A good airport pro.ling system must originate from a repository of research based on the characteristics of a person evoking criminal suspiciousness. These charac-teristics must match the automated passenger information of airlines including the API technology generated prior to a .ight. In addition, they must also be consistent with information on travel documents used by passengers. One way of accomplishing this objective is to use the pro.les of known or suspected criminals and terrorist categories. Additionally, a diligent and energetic State instrumentality must be established for the purpose of constantly monitoring and ensuring that airport pro.ling does not discriminate between categories of persons on a subjective basis and that a balanced system of compliance examination is in place.
In the ultimate analysis, the socio-legal relevance of non discrimination in the pro.ling process lies in the importance of respecting and safeguarding human rights and the rights of certain identi.ed ethnic groups which may form a minority in a particular jurisdiction. Due recognition and active protection of a minority’s rights pertaining to racial, cultural and religious issues is the .rst characteristic of a prudent and balanced pro.ling process. This feature guarantees freedom from discrimination based on race, language, nationality and national origin or religion. Western democracies, particularly after World War II and the Nuremberg trials which ensured punishment for those responsible for the organized murder of thousands of innocent persons by the commission of atrocities during the war, have been particularly sensitive to the need to ensure human rights. This has led to a gradual evolution where focus on collective rights of national minorities has replaced earlier emphasis on individual rights.
The protection of human rights is the most signi.cant and important task for a modern State, particularly since multi ethnic States are the norm in today’s world. Globalization and increased migration across borders is gradually putting an end to the concept of the nation State, although resistance to reality can be still seen in instances where majority or dominant cultures impose their identity and interests on groups with whom they share a territory. In such instances, minorities frequently intensify their efforts to preserve and protect their identity, in order to avoid marginalization. Polarization between the opposite forces of assimilation on the one hand and protection of minority identity on the other inevitably causes increased intolerance and eventual armed ethnic con.ict. In such a scenario, the .rst duty of governance is to ensure that the rights of a minority society are protected.
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Aviation Security Law 航空安全法(47)
