Report - Guardian

The LSE Identity Project Report: June 2005 161Biometric Passports and English LawA key component of the identity card scheme is that the UK Passport Service (“UKPS”)intends to introduce a facial-recognition image biometric in the UK passport beginningin late 2005/ early 2006. The International Civil Aviation Organisation (“ICAO”) hasnominated facial-recognition as the primary biometric for travel documents, with irispattern and fingerprint as secondary, but not mandatory, biometrics. In line with ICAOrecommendations, the UKPS intends to deploy a chip in future UK passports to storethe holder’s facial image and at least one additional biometric identifier.This section considers whether the introduction of biometric passports to the UK mightviolate the legal rights of UK citizens. A number of legal arguments have been putforward and conclusions are summarised below. However, in several cases thesearguments may be countered by national security concerns raised by the Government. Itis also arguable that such concerns do not merit the disproportionate measures theGovernment intends to adopt and many of these concerns may be unfounded, possiblydoing little to bolster national security and rather inconveniencing the UK generalpublic.The principal arguments are as follows:- The fundamental notion of a passport will be changed. The passport is atravel document securing safe conduct through foreign States. Introducingadditional personal data to the passport alters its concept to nothing less than anID card. The additional measures are arguably surplus to requirements anddisproportionate to safety concerns, doing little to make passports more secure.Rather than facilitating freedom of movement, the changes may impose furtherrestrictions and offer unnecessary additional controls to Government.- The measures may violate the common law right to exit and re-enter theUK. This common law right of each UK citizen is now enshrined in theImmigration Act, which does provide for exceptions. However, if a right toleave the UK exists and a passport is a prerequisite, then a right to a passportmust exist also, subject to those exceptions. That right would likely be hinderedif new biometrics were introduced. The Act’s exceptions are aimed in spirit atimmigration control of foreign nationals, not control of UK citizens leaving thecountry.- Collecting and processing biometric data may infringe UK data protectionlaws. UK data protection legislation may be violated, particularly with respect toclarity of purpose for use, excess data collection, data storage duration andpossibly data security. However, data protection legislation provides forexceptions to processing personal data when in the interests of national securityor for preventing crime.- EU rights of non-discrimination and free movement may be violated. Themeasures may discriminate against UK citizens within the EU if other EUcitizens are not required to provide biometric data when entering or leaving theUK. The measures may restrict the freedom of movement of UK citizens withinthe EU and restrictions to this right must only consider the conduct ofindividuals and not apply more broadly. Additionally, the measures may restrict