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Papers by Olga Enerstvedt
Law, Governance and Technology Series
As mentioned in Chap. 1, in the aviation security vs. privacy debate, aviation security interests... more As mentioned in Chap. 1, in the aviation security vs. privacy debate, aviation security interests should be better understood and evaluated. This is the reason for the fairly detailed analysis of civil aviation security in this research.
As discussed, the notions of privacy and data protection are central for this research. In order ... more As discussed, the notions of privacy and data protection are central for this research. In order to analyse the impact of a particular aviation security measure on privacy and data protection and particular consequences in the Special Part, it should be explained how the terms “privacy” and “data protection” will be used in this research, how they are connected and how the interests that they denote are regulated.
As discussed, the rights to privacy and data protection are inadequate to capture all the aspects... more As discussed, the rights to privacy and data protection are inadequate to capture all the aspects of aviation security, and all human rights are interdependent, indivisible and interrelated. Thus, aviation security versus privacy dilemma is actually broader than privacy and data protection rights only.
This chapter will start with an overview of types of aviation security measures as well as their ... more This chapter will start with an overview of types of aviation security measures as well as their locations – airport, aircraft and beyond. This will allow us to pinpoint the selected security measures more precisely and to provide a broader picture of aviation security measures in general.
As discussed in Chap. 4, the states are obliged to ensure the security of civil aviation and have... more As discussed in Chap. 4, the states are obliged to ensure the security of civil aviation and have the right to establish security procedures that they believe are necessary. However, this does not mean that security agencies are free to do anything. In addition to the aviation security considerations discussed in Chap. 4, such as threats and risks, costs and benefits, etc., there are other mechanisms to review the operations of aviation security agencies, for the purposes of this research – in the terms of privacy and data protection. The principles of privacy and data protection can serve as such mechanisms.
Law, Governance and Technology Series
Principles of privacy and data protection provide – or at least are aimed at providing – concrete... more Principles of privacy and data protection provide – or at least are aimed at providing – concrete mechanisms for the evaluation of aviation security measures’ impact on privacy and data protection. In this chapter, legal principles of privacy and data protection from Chap. 5 will be considered in respect of the selected aviation security measures. The privacy/data protection concerns of body scanners, camera surveillance at airports and PNR regimes will be analysed from a more narrow point of view, presenting, as examples, concrete relevant details of the regulations in the discussed jurisdictions. As noted above, since in Norway the selected measures are used to a lesser extent in comparison with other states (no scanners, no PNR yet), Norway is discussed less in comparison with the EU, the UK, the USA and Russia.
Most of us go about our daily lives oblivious of the security measures put in place to protect us... more Most of us go about our daily lives oblivious of the security measures put in place to protect us and the society we live in. We know, or at least hope, that the security services are doing their utmost to take necessary steps to guard against the next terrorist atrocity. However, when we fly we witness and experience enhanced security measures which in some respects reassure us, yet also force us to consider the degree to which our personal privacy can be invaded in the process; these measures, after all, have a serious impact on issues of fundamental human rights and civil liberties, including the rights to privacy and data protection, freedom of movement, the right to equal treatment and non-discrimination, and freedom of thought, conscience and religion. In January 2017, and in light of the Executive Orders signed by newly elected President Trump limiting the travel of certain people based on their nationality or country of birth, this has become an ever more taxing issue. Olga Enerstvedt questions whether it is possible to satisfy both aviation security requirements and passengers’ civil liberty rights, or whether there is a contradiction between them.
The usage of Passenger Name Record (PNR) for security purposes is growing worldwide. At least six... more The usage of Passenger Name Record (PNR) for security purposes is growing worldwide. At least six countries have PNR systems; over thirty are planning to introduce them. On 1 December 2013, a Russian PNR system will be implemented. But enhanced collection of personal data leads to increased surveillance and privacy concerns. Russian
authorities state that passengers’ rights will be respected, but a closer look at the Russian regime reveals a number of critical points.
From a global perspective, the Russian regime is only one of many PNR systems, including new ones to come in the future. Apparently, for the majority of them, similar challenges and problems will apply. At the same time, for the EU, with its strict data protection requirements, PNR requests by third countries (i.e. non-EU countries) create conflicts of laws. In order to resolve them, the EU concludes bilateral PNR agreements. However, the current deals, especially the one between the EU and the USA, involve a number of weaknesses. Accepting the latter, and having a pending proposal on the EU PNR system, the EU has weakened its position in negotiations with third countries. How will the EU deal with the Russian as well as with all the future requests for PNR?
This paper provides legal analysis of the Russian PNR regime, pointing out common problems and giving prognosis on the global situation.
In recent history, the world has experienced dramatic events which have had a substantial effect ... more In recent history, the world has experienced dramatic events which have had a substantial effect on the balance between human rights protection and security measures. Body scanners installed at airports are intended to protect our lives. But at the same time they have a serious impact on privacy and data protection. The international legislation allows limiting people's rights and freedoms, but only if it is in accordance with the law and is proportionate and necessary for national security, public safety and for the protection of the rights and freedoms of others. Do body scanners respect these principles? The article examines the current situation , its background and future prospects. It discusses and analyzes the key terms and legal instruments, problems, disputes and proposed " safeguards ". The work concludes by pointing out the unlawfulness of current regimes and sets forth perspective on the possible solutions.
Law, Governance and Technology Series
As mentioned in Chap. 1, in the aviation security vs. privacy debate, aviation security interests... more As mentioned in Chap. 1, in the aviation security vs. privacy debate, aviation security interests should be better understood and evaluated. This is the reason for the fairly detailed analysis of civil aviation security in this research.
As discussed, the notions of privacy and data protection are central for this research. In order ... more As discussed, the notions of privacy and data protection are central for this research. In order to analyse the impact of a particular aviation security measure on privacy and data protection and particular consequences in the Special Part, it should be explained how the terms “privacy” and “data protection” will be used in this research, how they are connected and how the interests that they denote are regulated.
As discussed, the rights to privacy and data protection are inadequate to capture all the aspects... more As discussed, the rights to privacy and data protection are inadequate to capture all the aspects of aviation security, and all human rights are interdependent, indivisible and interrelated. Thus, aviation security versus privacy dilemma is actually broader than privacy and data protection rights only.
This chapter will start with an overview of types of aviation security measures as well as their ... more This chapter will start with an overview of types of aviation security measures as well as their locations – airport, aircraft and beyond. This will allow us to pinpoint the selected security measures more precisely and to provide a broader picture of aviation security measures in general.
As discussed in Chap. 4, the states are obliged to ensure the security of civil aviation and have... more As discussed in Chap. 4, the states are obliged to ensure the security of civil aviation and have the right to establish security procedures that they believe are necessary. However, this does not mean that security agencies are free to do anything. In addition to the aviation security considerations discussed in Chap. 4, such as threats and risks, costs and benefits, etc., there are other mechanisms to review the operations of aviation security agencies, for the purposes of this research – in the terms of privacy and data protection. The principles of privacy and data protection can serve as such mechanisms.
Law, Governance and Technology Series
Principles of privacy and data protection provide – or at least are aimed at providing – concrete... more Principles of privacy and data protection provide – or at least are aimed at providing – concrete mechanisms for the evaluation of aviation security measures’ impact on privacy and data protection. In this chapter, legal principles of privacy and data protection from Chap. 5 will be considered in respect of the selected aviation security measures. The privacy/data protection concerns of body scanners, camera surveillance at airports and PNR regimes will be analysed from a more narrow point of view, presenting, as examples, concrete relevant details of the regulations in the discussed jurisdictions. As noted above, since in Norway the selected measures are used to a lesser extent in comparison with other states (no scanners, no PNR yet), Norway is discussed less in comparison with the EU, the UK, the USA and Russia.
Most of us go about our daily lives oblivious of the security measures put in place to protect us... more Most of us go about our daily lives oblivious of the security measures put in place to protect us and the society we live in. We know, or at least hope, that the security services are doing their utmost to take necessary steps to guard against the next terrorist atrocity. However, when we fly we witness and experience enhanced security measures which in some respects reassure us, yet also force us to consider the degree to which our personal privacy can be invaded in the process; these measures, after all, have a serious impact on issues of fundamental human rights and civil liberties, including the rights to privacy and data protection, freedom of movement, the right to equal treatment and non-discrimination, and freedom of thought, conscience and religion. In January 2017, and in light of the Executive Orders signed by newly elected President Trump limiting the travel of certain people based on their nationality or country of birth, this has become an ever more taxing issue. Olga Enerstvedt questions whether it is possible to satisfy both aviation security requirements and passengers’ civil liberty rights, or whether there is a contradiction between them.
The usage of Passenger Name Record (PNR) for security purposes is growing worldwide. At least six... more The usage of Passenger Name Record (PNR) for security purposes is growing worldwide. At least six countries have PNR systems; over thirty are planning to introduce them. On 1 December 2013, a Russian PNR system will be implemented. But enhanced collection of personal data leads to increased surveillance and privacy concerns. Russian
authorities state that passengers’ rights will be respected, but a closer look at the Russian regime reveals a number of critical points.
From a global perspective, the Russian regime is only one of many PNR systems, including new ones to come in the future. Apparently, for the majority of them, similar challenges and problems will apply. At the same time, for the EU, with its strict data protection requirements, PNR requests by third countries (i.e. non-EU countries) create conflicts of laws. In order to resolve them, the EU concludes bilateral PNR agreements. However, the current deals, especially the one between the EU and the USA, involve a number of weaknesses. Accepting the latter, and having a pending proposal on the EU PNR system, the EU has weakened its position in negotiations with third countries. How will the EU deal with the Russian as well as with all the future requests for PNR?
This paper provides legal analysis of the Russian PNR regime, pointing out common problems and giving prognosis on the global situation.
In recent history, the world has experienced dramatic events which have had a substantial effect ... more In recent history, the world has experienced dramatic events which have had a substantial effect on the balance between human rights protection and security measures. Body scanners installed at airports are intended to protect our lives. But at the same time they have a serious impact on privacy and data protection. The international legislation allows limiting people's rights and freedoms, but only if it is in accordance with the law and is proportionate and necessary for national security, public safety and for the protection of the rights and freedoms of others. Do body scanners respect these principles? The article examines the current situation , its background and future prospects. It discusses and analyzes the key terms and legal instruments, problems, disputes and proposed " safeguards ". The work concludes by pointing out the unlawfulness of current regimes and sets forth perspective on the possible solutions.