The European Commission has proposed a revision of EU
regulations governing the issuing of passports. The new rules
demand that passports contain certain security features involving
biometric identifiers in the form of fingerprints.
The EDPS, Peter Hustinx, has reviewed the proposed rules and
identified some welcome exemptions, principally for children and
the elderly. But he said that the concessions do not go far enough
to protect the rights of citizens.
"The fact that the Commission took into account the need for
fallback procedures, stated in previous opinions, is more than
welcomed," said Hustinx. "These exemptions are, however, still
unsatisfactory. They fail to address all the possible and relevant
issues triggered by the inherent imperfections of biometric
systems, and more specifically those related to children and
elderly."
The European Council first accepted regulations on biometrics in
passports in 2004 and the Commission has now proposed amendments to
those regulations. Those include exemptions for children under six
years old from giving fingerprints, as well as those physically
unable to give fingerprints. The EDPS said that this was not good
enough.
"The proposed six-year age limit should be considered as a
provisional one, or brought in line with international practice (14
years)," said the EDPS statement. "After three years, the age limit
should be reviewed and defined by an in-depth study which is to
identify the accuracy of the systems obtained under real
conditions."
The opinion also pointed out that the reliability and accuracy
of fingerprints decreases as people get older, and that regulations
should take account of this. "An age limit for the elderly, based
on similar experiences already in place (79 years), should be
introduced as an additional exemption," said the EDPS.
Hustinx also recommended to the Commission that it investigate
the widely divergent practices of obtaining a passport in the first
place in the EU member states. So-called breeder documents such as
birth certificates and driving licences are used to obtain a
passport.
"The passport is only one link of a security chain starting from
these "breeder" documents and ending at border check points…this
chain will only be as secure as its weakest link," said the EDPS,
recommending that the Commission harmonise the production of
breeder documents.
In his opinion, Hustinx said that by law he should have been
consulted by the European Commission over the proposals but was
not. "The EDPS regrets that the European Commission did not comply
with its legal obligation to consult him and expects to be
consulted in the future on all proposals falling within the scope
of Article28(2)," said the opinion. That Article is part of a
European Regulation which says that the EDPS must be consulted in
areas relating to data processing and individuals' rights and
freedoms.
