Terahertz full-body scanners linked to DNA damage

Dear Sir/Madam

I am writing to acknowledge receipt of your request for information which has been allocated the reference number P0006162. A response will be issued to you in due course.

Regards,

Department for Transport
Information Rights Unit
D/04, Ashdown House
Sedlescombe Road North
St Leonards on Sea
East Sussex
TN37 7GA

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D Willingham

whatdotheyknow.com

Our reference: F0006162

Dear Mr Willingham

I am writing to confirm that the Department for Transport has now
completed its search for the information which you requested on 4 February
2010.

In answer to your questions:

Was the DfT aware of a paper published in "Physics Letters A" called "DNA
Breathing Dynamics in the Presence of a Terahertz Field", which suggested
that THz / millimetre waves can cause damage to DNA?

Given the health implications detailed in the above paper, if the

DfT was not aware of the above publication, why not?

In light of the above paper, which the DfT cannot now deny they are aware
of, would the DfT provide an amended response to the question of what
dangers to passengers, air-crews and anyone else forced to use these
machines are known to the DfT about the use of Full-body scanners that are
now mandated at several UK airports?

Given the unknown health risks to the public, what actions will the DfT
take to suspend the use of these scanners until the full potential of
their damaging effects on DNA is known?

The Department was aware of The Physics Letters A on the "DNA Breathing
Dynamics in the Presence of a Terahertz Field".

o The technique outlined in the paper is often referred to as
`biological imaging' and could therefore be confused with the kind of
body imaging that we are concerned with in security. It is considering
a different scientific problem.

o This is a sound scientific paper and Physics Letters is one of the
most respected journals in the scientific community.

o This paper does not consider the use of THz radiation for the security
application we are considering. But it is a study considering the use
of THz to inspect small biological samples in the laboratory.

o The Health Protection Agency (HPA) published by the UK does consider
the specific issue of THz radiation for security applications.

o We will continue to monitor scientific developments that might impact
the use of any equipment that we use in security and will take advice
on such issues from the
HPA.

In addition to the above, the current generation of scanners use
microwaves and not true THz fields. Therefore the frequencies suggested in
the paper are much higher than those used in the current scanners.

The Department for Transport commissioned an independent Assessment of
comparative ionising radiation doses from the use of rapiscan secure 1000
x-ray backscatter body scanner from the HPA and this is available on the
Department's website at:

[1]http://www.dft.gov.uk/pgr/security/aviat...

The Health Protection Agency's website is: [2]www.hpa.org.uk

In regard to your questions:

Are bodies covered by the FOI, like the DfT, allowed to lie, (whether
through deliberately wrong information or through lies of omission) when
responding to FOI requests?

What are the consequences to a government department or the individual
Civil Servant involved if they lie (whether through providing wrong
information or the lies of omission) in response to an FOI request?

I can assure you that the Department for Transport takes its
responsibilities under the Freedom of Information very seriously and are
not allowed to provide false information.

In regard to your question:

Please supply legal details of how the use of these scanners to screen any
child under 18 does not constitute a criminal offence due to the fact that
the people involved in the screening are creating indecent images or
pseudo-images of that child?

We are confident that the introduction of these scanners is a justified
and necessary step in enhancing security of passengers. We will be
requiring children to be screened using the scanners. To do otherwise
would risk undermining the effect of these new measures.

We do not consider the images produced are indecent. Further as the
scanning is for the prevention, detection or investigation of crime, the
production of images by the scanning is not an offence.

All airport security staff performing passenger screening duties will
already have undergone government security vetting which includes checking
for offences against children.

Please detail what legal frameworks, both criminal and civil, protect
those forced to use these machines if their images are stored, distributed
or handled in anyway that breaches their privacy?

Extensive safeguards have been developed to ensure passengers' privacy is
respected. Images are viewed remotely from the machine, and are deleted
immediately after analysis. Images can't be recovered at a later date from
the machines. These requirements are included in a Direction to the
operators of body scanners issued under the Aviation Security Act 1982 and
failure to comply with the requirements is a criminal offence.
Additionally persons scanned have the protection afforded by the Data
Protection Act 1998 which prohibits the unlawful processing of personal
data.

An interim code of practice has been produced following discussions with
industry and OGDs for the initial deployment of body scanners. It is
available via the DfT website. It will ensure that the implementation and
application of body scanners will be proportionate to privacy rights.

The interim Code of Practice is available at:

[3]http://www.dft.gov.uk/pgr/security/aviat...

The Department will be launching a full public consultation shortly on the
interim code of practice and will consider all representations carefully
before preparing a final code of practice later in the year.

If you are unhappy with the way the Department has handled your request or
with the decisions made in relation to your request you may complain
within two calendar months of the date of this letter by writing to the
Department's Information Rights Unit at:

Zone D/04

Ashdown House

Sedlescombe Road North

Hastings

East Sussex TN37 7GA

E-mail: [email address]

Please see attached details of DfT's complaints procedure and your right
to complain to the Information Commissioner.from [department] you may ask
for an internal review. You should contact [name of official and address]
if you wish to complain

If you have any queries about this letter, please contact me. Please
remember to quote the reference number above in any future communications.

Your right to complain to DfT and the Information Commissioner

You have the right to complain within two calendar months of the date of
this letter about the way in which your request for information was
handled and/or about the decision not to disclose all or part of the
information requested. In addition a complaint can be made that DfT has
not complied with its FOI publication scheme.

Your complaint will be acknowledged and you will be advised of a target
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disclose information originally withheld this will be done as soon as
possible.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

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