Airport passengers' ability to opt out of hitherto compulsory body scans as of 1st December 2011

Dear Department for Transport,

In the light of the following letter received from Catherine
Bearder MEP describing European Commission Regulation (EU) No
1141/2011, could you please confirm that your intention to amend
your directive to allow airport passengers the choice to opt out of
hitherto compulsory body scans from 1st December 2011.

Yours faithfully,

Gavin Dee.

Letter from Caroline Bearder MEP:

Thank you for contacting me regarding the use of full body scanners
in UK airports. In your recent correspondence, you questioned
whether the UK practice of compulsory full body scanning was legal
under EU law and in response I can inform you that due to recent
legislation, as of December 1st 2011 it will not be.

On November 10th 2011, the Commission Regulation (EU) No 1141/2011
was introduced and insists that within all EU Member States,
including the UK:

"the use of security scanners should be subject to specific
implementing rules allowing the use of this method of screening,
individually or in combination, as a primary or secondary means and
under defined conditions set to ensure the protection of
fundamental rights".

Furthermore, this regulation also states:

"by laying down specific operational conditions on the use of
security scanners and by providing passengers with the possibility
to undergo alternative screening methods, this Regulation.respects
fundamental rights and observes the principles recognised in
particular by the Charter of Fundamental Rights of the European
Union, including respect for human dignity and for private and
family life, the right to the protection of personal data, the
rights of the child, the right to freedom of religion and the
prohibition of discrimination".

Consequently, in light of this recent regulation, it would seem
that as of December 1st 2011, alternative means of scanning will
have to be provided in all UK airports for passengers who do not
wish to participate in a full body scan.

Thank you once again for contacting me about this very important
issue. I do hope my response has been of use to you. If I can be of
further assistance either with regard to this matter or any other,
please do not hesitate to contact me.

Kind regards,

Catherine Bearder

Office of Catherine Bearder MEP
27 Park End Street
Oxford
OX1 1HU
tel: +44 (0)1865 249838
www.bearder.eu