Report - Guardian

164 The LSE Identity Project Report: June 2005barren. Citizens reluctant to have their biometric data accessible on a passport databaseeffectively would be prevented from applying for a passport and so lose their freedom toleave the UK. 393Rights Under Data Protection LawsThe data protection implications of the Government’s Scheme and the measures to beintroduced to passports have already been considered above. 394 In short, the lack ofclarity in respect of the purposes for which the biometric data are collected and thepossibility that two biometrics are indeed excessive for passport issue could beincompatible with the data protection principles under the UK Data Protection Act. 395Additionally, a central database of passport details necessarily will involve considerablesecurity risks. It is arguable that the UKPS will be presented with an enormous task inmeeting its technical and organisational obligations under the seventh data protectionprinciple to prevent unauthorised or unlawful processing of the data held therein. Also,there may be concerns surrounding the length of time data are kept on the centralGovernment database, which may fall foul of the fifth principle requiring data to be keptno longer than necessary for the purpose(s) specified.The Act does exempt personal data from any of the provisions of the data protectionprinciples if the data are required for the purpose of safeguarding national security 396 orfrom the first principle if the data are processed for the prevention or detection ofcrime. 397 It is not clear to what extent the Government may rely on national securityconcerns to justify introduction of biometric passports and central biometric databasesand many of the counter arguments are addressed in the Interim Report referred toabove.Rights Under EC TreatyMeasures to be introduced by the UKPS include provision of two forms biometric databefore a passport may be issued. This requirement may infringe a number of Articles ofthe EC Treaty. 398 These are the potential Articles implicated by the Scheme:1. Article 12 - Non-discrimination on grounds of nationality. This Articleprohibits discrimination of any EU citizen on the grounds of their national origin. TheArticle may be infringed if the measures introduced impose an unfair burden on UKnationals alone within the EU. If similar biometric passport requirements are notrequired of other EU nationals entering or leaving the UK, then UK citizens mightarguably face direct discrimination, particularly if failure to provide the biometric datawould restrict the right of travel outside the UK.393 Of interest is Article 5(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms(“ECHR”), which states that “everyone has a right to liberty and security of person.” However, this Article onlycovers actual detention and not restrictions on free movement. Article 2 Protocol No. 4 to the ECHR guarantees aright to freedom of movement, but the UK has not ratified that Protocol yet.394 The Identity Project - An Assessment of the UK Identity Cards Bill & its Implications, Interim Report, March2005.395 Schedule 1, Data Protection Act 1998.396 Section 28 of the Act.397 Section 29 of the Act.398 Treaty Establishing the European Community, C 325/33, Rome, 25 March 1957.