# CE2004084EN.01054101.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/541 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/541

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(2004/C 84 E/0618)

WRITTEN QUESTION E-0152/04

by Alexandros Alavanos (GUE/NGL) to the Commission

(27 January 2004)

Subject:   Collection of biometric data at ‘Eleftherios Venizelos’ airport, their processing by an external partner and the decision of the Greek Authority for the Protection of Personal Data

Subject:

The Greek airport of ‘Eleftherios Venizelos’ is taking part in a pilot programme to collect biometric data from airline passengers. The programme is funded by the European Union and the other participants are the International Air Transport Association, Milan airport and Alitalia. In a recent decision, the Greek Authority for the Protection of Personal Data ruled that the collection and processing of biometrie data was illegal, even on a voluntary basis, and prohibited the continuation of the programme.

| 1. | Is it possible for the European Union to fund such programmes without the prior approval of the data protection authorities in the countries concerned, in this case Greece and Italy? |
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1.

Is it possible for the European Union to fund such programmes without the prior approval of the data protection authorities in the countries concerned, in this case Greece and Italy?

| 2. | Does the Commission intend to withdraw financial and political support for such programmes immediately since the decision by the Greek Authority for the Protection of Personal Data has created a new legal framework for EU decisions on checking the identity of European citizens by means of biometrie data? |
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2.

Does the Commission intend to withdraw financial and political support for such programmes immediately since the decision by the Greek Authority for the Protection of Personal Data has created a new legal framework for EU decisions on checking the identity of European citizens by means of biometrie data?

Answer given by Mr Liikanen on behalf of the Commission

(16 March 2004)

(16 March 2004)

| 1. | The Honourable Member makes an implicit reference to the s-Travel project (ref: IST-2001-3825). It must be remembered that Community funded projects must work within the existing legal framework at the EU and Member State levels.
  The main objective of this project was to strengthen airline passenger security by early adoption of biometrie technologies in the airport boarding process.
  One task of the project was to design and to implement the security measures to be set up in pilot activities in the Eleftherios Venizelos Airport and in Milan Airport. These security measures were in conformity with the ones identified in the light of the working paper (1) adopted on 1 August 2003 by the Working Party described hereafter (see: question 2.). The purpose of that document was to provide general guidelines relating to the processing of biometrie data and to contribute to a common understanding of the different issues.
  Another task was to run biometrie enrolment and checking kiosks. Authorisations to run these kiosks were requested in July 2003 before the start of this task. The Greek authority gave a negative answer in October 2003. Decision was taken to terminate the project in conformance with the Commission procedures and to not fund this final trial phase.
  It should be noted that experiments (not funded under Community programmes) of the same type have been launched and pursued without objections from the relevant authorities in other airports of the European Union, for example Aéroport de Paris (France), Schiphol (the Netherlands), London City Airport (United Kingdom). |
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1.

The Honourable Member makes an implicit reference to the s-Travel project (ref: IST-2001-3825). It must be remembered that Community funded projects must work within the existing legal framework at the EU and Member State levels.

The main objective of this project was to strengthen airline passenger security by early adoption of biometrie technologies in the airport boarding process.

One task of the project was to design and to implement the security measures to be set up in pilot activities in the Eleftherios Venizelos Airport and in Milan Airport. These security measures were in conformity with the ones identified in the light of the working paper (1) adopted on 1 August 2003 by the Working Party described hereafter (see: question 2.). The purpose of that document was to provide general guidelines relating to the processing of biometrie data and to contribute to a common understanding of the different issues.

1

Another task was to run biometrie enrolment and checking kiosks. Authorisations to run these kiosks were requested in July 2003 before the start of this task. The Greek authority gave a negative answer in October 2003. Decision was taken to terminate the project in conformance with the Commission procedures and to not fund this final trial phase.

It should be noted that experiments (not funded under Community programmes) of the same type have been launched and pursued without objections from the relevant authorities in other airports of the European Union, for example Aéroport de Paris (France), Schiphol (the Netherlands), London City Airport (United Kingdom).

| 2. | The decision of the Greek authority concerns only the specifics of the s-Travel project. This decision does not have an impact on other research on the use of biometric technologies.
  Since biometric data are personal data, any such research must take place in conformity with the data protection legal requirements, in particular Directive 95/46/CE of the Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (2). Article 29 of that Directive created a Working Party (WP) in this area. It is an independent EU advisory body composed of national supervisory authorities. The Working Party has concluded that further work is necessary, especially in the context of travel security, and that in the meantime the responsibility remains with the industry to develop biometrie systems that are data protection compliant.
  Furthermore, in the Conclusions of the Council of Thessaloniki, Members States have confirmed the need for a coherent approach in the EU on biometrie identifiers and on biometrics data for travel documents, and invited the Commission to prepare proposals (currently underway). In this context, research projects, carried out in full conformity with the legal framework, can contribute useful information and data.
  The Commission will continue to work with Member States on biometrie issues as these technologies have a tremendous potential in increasing the security of European citizens. This will be done in close cooperation with the Data Protection Authorities of Member States. |
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2.

The decision of the Greek authority concerns only the specifics of the s-Travel project. This decision does not have an impact on other research on the use of biometric technologies.

Since biometric data are personal data, any such research must take place in conformity with the data protection legal requirements, in particular Directive 95/46/CE of the Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (2). Article 29 of that Directive created a Working Party (WP) in this area. It is an independent EU advisory body composed of national supervisory authorities. The Working Party has concluded that further work is necessary, especially in the context of travel security, and that in the meantime the responsibility remains with the industry to develop biometrie systems that are data protection compliant.

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Furthermore, in the Conclusions of the Council of Thessaloniki, Members States have confirmed the need for a coherent approach in the EU on biometrie identifiers and on biometrics data for travel documents, and invited the Commission to prepare proposals (currently underway). In this context, research projects, carried out in full conformity with the legal framework, can contribute useful information and data.

The Commission will continue to work with Member States on biometrie issues as these technologies have a tremendous potential in increasing the security of European citizens. This will be done in close cooperation with the Data Protection Authorities of Member States.

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(1)  http://europa.eu.int/comm/internal_market/privacy/docs/wpdocs/2003/wp80_en.pdf

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(2)  OJ L 281, 23.11.1995, p. 31.

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