BETA


2008/2651(RSP) Resolution on the impact of aviation security measures and body scanners on human rights, privacy, personal dignity and data protection

Progress: Procedure completed

Legal Basis:
RoP 128-p5

Events

2009/02/12
   EC - Commission response to text adopted in plenary
Documents
2008/10/23
   EP - Results of vote in Parliament
2008/10/23
   EP - Decision by Parliament, 1st reading/single reading
Details

Following the debate that took place during the sitting of 21 October 2008, the European Parliament adopted by 361 votes to 16 with 181 abstentions, a resolution on the impact of aviation security measures and body scanners on human rights, privacy, personal dignity and data protection.

The resolution had been tabled for consideration in plenary by the EPP-ED, PES, ALDE, Greens/ALE, GUE/NGL and UEN groups.

Parliament recalls that the Commission has proposed a draft Commission regulation supplementing the common basic standards on civil aviation security, which includes, among the permitted methods for screening of passengers in EU airports, 'body scanners', i.e. machines producing scanned images of persons as if they were naked, equivalent to a virtual strip search. The draft measure, far from being merely technical, has a serious impact on the right to privacy, the right to data protection and the right to personal dignity, and therefore needs to be accompanied by strong and adequate safeguards. Parliament notes that the draft measure was not accompanied by a Commission impact assessment relating to fundamental rights. The Commission consulted neither the European Data Protection Supervisor (EDPS) as required by Article 28(2) of Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions, nor the Article 29 Working Party, nor the Fundamental Rights Agency (FRA). No enquiries have been made into the possible impact of such machines on passengers' health. For these reasons, doubts arise in relation to the justification of this measure and its proportionality and necessity in a democratic society.

Furthermore, this draft measure on methods of screening of passengers, which has been examined by way of the regulatory procedure with scrutiny (comitology), will be followed by implementing measures relating to requirements and procedures for screening, which will be decided through procedures under which Parliament has almost no powers.

Accordingly, Parliament considers that the conditions for taking a decision have not yet been met, given that essential information is still lacking, and asks the Commission, before the expiry of the three-month deadline, to:

carry out an impact assessment relating to fundamental rights; consult the EDPS, the Article 29 Working Party and the FRA; carry out a scientific and medical assessment of the possible health impact of such technologies; carry out an economic, commercial and cost-benefit impact assessment;

Members believe that this draft measure could exceed the implementing powers provided for in the basic instrument, as the measures in question cannot be considered mere technical measures relating to aviation security, but have a serious impact on the fundamental rights of citizens. They consider, in this respect, that that all aviation security measures, including use of body scanners, should respect the principle of proportionality as justified and necessary in a democratic society, and therefore ask the EDPS, the Article 29 Working Party and the FRA, as a matter of urgency, to deliver an opinion on body scanners by the beginning of November 2008.

Parliament reserves the right to verify the compatibility of such measures with human rights and fundamental freedoms with the EU legal services, and to take the necessary follow-up actions.

Documents
2008/10/23
   EP - End of procedure in Parliament
2008/10/21
   EP - Motion for a resolution
Documents
2008/10/21
   EP - Debate in Parliament
Details

O-0101/2008

A motion for a resolution closing this debate was due to be put to the vote on 23 October 2008.

2008/10/20
   EP - Oral question/interpellation by Parliament
Documents

Documents

Votes

B6-0562/2008 - Aviation civile - demande de report du vote

2008/10/23 Outcome: -: 337, +: 198, 0: 22
HU CZ RO EL MT LV SK LU SI CY IE LT EE PL BG AT PT FI IT NL ES SE DK BE GB DE FR
Total
19
15
23
13
4
4
10
5
5
1
12
7
6
44
14
15
16
8
50
23
42
14
11
21
42
83
50
icon: PPE-DE PPE-DE
213

Malta PPE-DE

2

Latvia PPE-DE

For (1)

1

Luxembourg PPE-DE

2

Slovenia PPE-DE

Against (1)

3

Lithuania PPE-DE

1

Estonia PPE-DE

For (1)

1

Finland PPE-DE

For (1)

Against (1)

2

Belgium PPE-DE

For (1)

5
icon: IND/DEM IND/DEM
10

Greece IND/DEM

Against (1)

1

Ireland IND/DEM

Against (1)

1

Poland IND/DEM

2

Netherlands IND/DEM

2

Sweden IND/DEM

2

Denmark IND/DEM

Abstain (1)

1

France IND/DEM

For (1)

1
icon: UEN UEN
32

Latvia UEN

For (1)

Against (1)

2

Ireland UEN

3

Lithuania UEN

1

Denmark UEN

Against (1)

1
icon: NI NI
13

Slovakia NI

2

Poland NI

1

Bulgaria NI

Against (1)

1

Austria NI

Against (1)

1

Italy NI

Against (1)

1

United Kingdom NI

Against (1)

1

France NI

3
icon: GUE/NGL GUE/NGL
25

Czechia GUE/NGL

2

Greece GUE/NGL

2

Ireland GUE/NGL

Against (1)

1

Portugal GUE/NGL

2

Finland GUE/NGL

Against (1)

1

Netherlands GUE/NGL

2

Sweden GUE/NGL

2

Denmark GUE/NGL

1

United Kingdom GUE/NGL

Against (1)

1

France GUE/NGL

Against (1)

1
icon: Verts/ALE Verts/ALE
33

Luxembourg Verts/ALE

Against (1)

1

Austria Verts/ALE

Against (1)

1

Finland Verts/ALE

Against (1)

1

Italy Verts/ALE

2

Spain Verts/ALE

2

Sweden Verts/ALE

Against (1)

1

Denmark Verts/ALE

Against (1)

1

Belgium Verts/ALE

Against (1)

1

United Kingdom Verts/ALE

3
icon: ALDE ALDE
70

Hungary ALDE

Against (1)

1

Latvia ALDE

Against (1)

1

Luxembourg ALDE

Against (1)

1

Slovenia ALDE

2

Cyprus ALDE

Against (1)

1

Ireland ALDE

Against (1)

1

Estonia ALDE

Against (2)

2

Austria ALDE

Against (1)

1
2

Sweden ALDE

Against (1)

1
icon: PSE PSE
161

Czechia PSE

2

Malta PSE

Against (1)

Abstain (1)

2

Slovakia PSE

2

Luxembourg PSE

Against (1)

1

Ireland PSE

Against (1)

1

Lithuania PSE

2

Estonia PSE

Abstain (1)

3

Finland PSE

Against (1)

1
4

B6-0562/2008 - Aviation civile - am. 7

2008/10/23 Outcome: -: 341, +: 201, 0: 11
CZ HU MT SK RO EL SI LU CY IT IE LV BG AT EE FI NL LT ES PT SE GB DE DK PL BE FR
Total
14
19
4
10
24
13
5
5
1
50
12
4
14
15
6
7
23
8
42
15
14
40
80
11
46
20
51
icon: PPE-DE PPE-DE
206

Malta PPE-DE

2

Slovenia PPE-DE

Abstain (1)

3

Luxembourg PPE-DE

2

Latvia PPE-DE

For (1)

1

Estonia PPE-DE

For (1)

1

Finland PPE-DE

For (1)

Against (1)

2

Lithuania PPE-DE

1

Belgium PPE-DE

Abstain (1)

4
icon: IND/DEM IND/DEM
11

Greece IND/DEM

Against (1)

1

Ireland IND/DEM

Against (1)

1

Netherlands IND/DEM

2

Sweden IND/DEM

2

Denmark IND/DEM

Against (1)

1

Poland IND/DEM

Against (1)

3

France IND/DEM

For (1)

1
icon: NI NI
12

Slovakia NI

2

Italy NI

Against (1)

1

Bulgaria NI

Abstain (1)

1

Austria NI

Against (1)

1

Poland NI

1

Belgium NI

3
icon: UEN UEN
33

Ireland UEN

3

Latvia UEN

2

Lithuania UEN

Against (1)

1

Denmark UEN

Against (1)

1
icon: GUE/NGL GUE/NGL
25

Czechia GUE/NGL

2

Greece GUE/NGL

2

Ireland GUE/NGL

Against (1)

1

Finland GUE/NGL

Against (1)

1

Netherlands GUE/NGL

2

Portugal GUE/NGL

2

Sweden GUE/NGL

2

United Kingdom GUE/NGL

Against (1)

1

Denmark GUE/NGL

1

France GUE/NGL

Against (1)

1
icon: Verts/ALE Verts/ALE
34

Luxembourg Verts/ALE

Against (1)

1

Italy Verts/ALE

2

Austria Verts/ALE

Against (1)

1

Finland Verts/ALE

Against (1)

1

Netherlands Verts/ALE

Abstain (1)

4

Sweden Verts/ALE

Against (1)

1

United Kingdom Verts/ALE

3

Denmark Verts/ALE

Against (1)

1

Belgium Verts/ALE

Against (1)

1
icon: ALDE ALDE
71

Hungary ALDE

Against (1)

1

Slovenia ALDE

2

Luxembourg ALDE

Against (1)

1

Cyprus ALDE

Against (1)

1

Ireland ALDE

Against (1)

1

Latvia ALDE

Against (1)

1

Austria ALDE

Against (1)

1

Estonia ALDE

Against (2)

2

Finland ALDE

2
2

Sweden ALDE

Against (1)

1
icon: PSE PSE
161

Czechia PSE

2

Malta PSE

Against (1)

Abstain (1)

2

Slovakia PSE

2

Luxembourg PSE

Against (1)

1

Ireland PSE

Against (1)

1

Estonia PSE

3

Finland PSE

Against (1)

1

Lithuania PSE

2

Sweden PSE

3

B6-0562/2008 - Aviation civile - résolution

2008/10/23 Outcome: +: 361, 0: 181, -: 16
DE FR IT ES GB BE NL HU RO SE PT PL DK BG AT EL IE FI EE CZ LT SK SI LU MT LV CY
Total
81
50
50
42
41
21
23
19
24
15
17
45
11
14
14
13
12
8
6
15
8
10
5
5
4
4
1
icon: PSE PSE
161

Ireland PSE

1

Finland PSE

For (1)

1

Estonia PSE

3

Czechia PSE

2

Lithuania PSE

2

Slovakia PSE

2

Luxembourg PSE

For (1)

1

Malta PSE

For (1)

Abstain (1)

2
icon: ALDE ALDE
72

Hungary ALDE

1

Sweden ALDE

For (1)

1

Austria ALDE

1

Ireland ALDE

For (1)

1

Finland ALDE

Abstain (1)

3

Estonia ALDE

2

Slovenia ALDE

2

Luxembourg ALDE

For (1)

1

Latvia ALDE

1

Cyprus ALDE

For (1)

1
icon: PPE-DE PPE-DE
210

Finland PPE-DE

2

Estonia PPE-DE

For (1)

1

Lithuania PPE-DE

1

Slovenia PPE-DE

For (1)

3

Luxembourg PPE-DE

2

Malta PPE-DE

2

Latvia PPE-DE

Abstain (1)

1
icon: Verts/ALE Verts/ALE
34

Italy Verts/ALE

2

United Kingdom Verts/ALE

3

Belgium Verts/ALE

For (1)

1

Sweden Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Austria Verts/ALE

1

Finland Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
25

France GUE/NGL

For (1)

1

United Kingdom GUE/NGL

1

Netherlands GUE/NGL

2

Sweden GUE/NGL

2

Portugal GUE/NGL

2

Denmark GUE/NGL

1

Greece GUE/NGL

Abstain (1)

2

Ireland GUE/NGL

1

Finland GUE/NGL

For (1)

1

Czechia GUE/NGL

2
icon: NI NI
13

Italy NI

For (1)

1

United Kingdom NI

Against (1)

1

Belgium NI

3

Poland NI

1

Bulgaria NI

1

Austria NI

1

Slovakia NI

2
icon: UEN UEN
32

Denmark UEN

Abstain (1)

1
3

Lithuania UEN

Abstain (1)

1

Latvia UEN

For (1)

Abstain (1)

2
icon: IND/DEM IND/DEM
11

France IND/DEM

Abstain (1)

1

Netherlands IND/DEM

2

Sweden IND/DEM

2

Poland IND/DEM

3

Denmark IND/DEM

For (1)

1

Greece IND/DEM

1

Ireland IND/DEM

For (1)

1

History

(these mark the time of scraping, not the official date of the change)

docs/0/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2008-478&language=EN
New
http://www.europarl.europa.eu/doceo/document/B-6-2008-0478_EN.html
docs/1/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2008-562&language=EN
New
http://www.europarl.europa.eu/doceo/document/B-6-2008-0562_EN.html
docs/2/body
EC
events/2/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-521
New
http://www.europarl.europa.eu/doceo/document/TA-6-2008-0521_EN.html
activities
  • date: 2008-10-21T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20081021&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2008-10-23T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=16245&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-521 type: Decision by Parliament, 1st reading/single reading title: T6-0521/2008 body: EP type: Results of vote in Parliament
committees
    docs
    • date: 2008-10-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2008-478&language=EN title: B6-0478/2008 type: Oral question/interpellation by Parliament body: EP
    • date: 2008-10-21T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2008-562&language=EN title: B6-0562/2008 type: Motion for a resolution body: EP
    • date: 2009-02-12T00:00:00 docs: url: /oeil/spdoc.do?i=16245&j=0&l=en title: SP(2008)7292 type: Commission response to text adopted in plenary
    events
    • date: 2008-10-21T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20081021&type=CRE title: Debate in Parliament summary: O-0101/2008 A motion for a resolution closing this debate was due to be put to the vote on 23 October 2008.
    • date: 2008-10-23T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=16245&l=en title: Results of vote in Parliament
    • date: 2008-10-23T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-521 title: T6-0521/2008 summary: Following the debate that took place during the sitting of 21 October 2008, the European Parliament adopted by 361 votes to 16 with 181 abstentions, a resolution on the impact of aviation security measures and body scanners on human rights, privacy, personal dignity and data protection. The resolution had been tabled for consideration in plenary by the EPP-ED, PES, ALDE, Greens/ALE, GUE/NGL and UEN groups. Parliament recalls that the Commission has proposed a draft Commission regulation supplementing the common basic standards on civil aviation security, which includes, among the permitted methods for screening of passengers in EU airports, 'body scanners', i.e. machines producing scanned images of persons as if they were naked, equivalent to a virtual strip search. The draft measure, far from being merely technical, has a serious impact on the right to privacy, the right to data protection and the right to personal dignity, and therefore needs to be accompanied by strong and adequate safeguards. Parliament notes that the draft measure was not accompanied by a Commission impact assessment relating to fundamental rights. The Commission consulted neither the European Data Protection Supervisor (EDPS) as required by Article 28(2) of Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions, nor the Article 29 Working Party, nor the Fundamental Rights Agency (FRA). No enquiries have been made into the possible impact of such machines on passengers' health. For these reasons, doubts arise in relation to the justification of this measure and its proportionality and necessity in a democratic society. Furthermore, this draft measure on methods of screening of passengers, which has been examined by way of the regulatory procedure with scrutiny (comitology), will be followed by implementing measures relating to requirements and procedures for screening, which will be decided through procedures under which Parliament has almost no powers. Accordingly, Parliament considers that the conditions for taking a decision have not yet been met, given that essential information is still lacking, and asks the Commission, before the expiry of the three-month deadline, to: carry out an impact assessment relating to fundamental rights; consult the EDPS, the Article 29 Working Party and the FRA; carry out a scientific and medical assessment of the possible health impact of such technologies; carry out an economic, commercial and cost-benefit impact assessment; Members believe that this draft measure could exceed the implementing powers provided for in the basic instrument, as the measures in question cannot be considered mere technical measures relating to aviation security, but have a serious impact on the fundamental rights of citizens. They consider, in this respect, that that all aviation security measures, including use of body scanners, should respect the principle of proportionality as justified and necessary in a democratic society, and therefore ask the EDPS, the Article 29 Working Party and the FRA, as a matter of urgency, to deliver an opinion on body scanners by the beginning of November 2008. Parliament reserves the right to verify the compatibility of such measures with human rights and fundamental freedoms with the EU legal services, and to take the necessary follow-up actions.
    • date: 2008-10-23T00:00:00 type: End of procedure in Parliament body: EP
    links
    other
      procedure/legal_basis/0
      Rules of Procedure EP 128-p5
      procedure/legal_basis/0
      Rules of Procedure of the European Parliament EP 128-p5
      procedure/subject
      Old
      • 1.10 Fundamental rights in the EU, Charter
      • 1.20.09 Protection of privacy and data protection
      • 7.10.04 External borders crossing and controls, visas
      New
      1.10
      Fundamental rights in the EU, Charter
      1.20.09
      Protection of privacy and data protection
      7.10.04
      External borders crossing and controls, visas
      procedure/subtype
      Old
      Debate or resolution on oral questions
      New
      Debate or resolution on oral question/interpellation
      procedure/subject/0
      Old
      1.10 Fundamental rights in the Union, Charter
      New
      1.10 Fundamental rights in the EU, Charter
      activities
      • date: 2008-10-21T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20081021&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
      • date: 2008-10-23T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=16245&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-521 type: Decision by Parliament, 1st reading/single reading title: T6-0521/2008 body: EP type: Results of vote in Parliament
      committees
        links
        other
          procedure
          reference
          2008/2651(RSP)
          title
          Resolution on the impact of aviation security measures and body scanners on human rights, privacy, personal dignity and data protection
          legal_basis
          Rules of Procedure of the European Parliament EP 128-p5
          stage_reached
          Procedure completed
          subtype
          Debate or resolution on oral questions
          type
          RSP - Resolutions on topical subjects
          subject