A/HRC/13/37
constituted an attack on the honour and reputation of the listed persons, in view of the
negative association that would be made between the names and the title of the sanctions
list.40
28.
Public and secret watch lists often also breach fundamental principles of data
protection. Information generated for one purpose is reused for secondary purposes, and
sometimes shared with other institutions, without the knowledge or consent of the
individuals concerned. Erroneous information is used to make decisions about people,
which result in restrictions on travel. These individuals may be refused a visa, turned away
at a border or prevented from boarding a plane, without having been presented with
evidence of any wrongdoing.
(d)
Checkpoints and borders
29.
Through the use of new technologies and in response to rising concerns regarding
terrorism, States are increasing the monitoring, regulation, interference and control of the
movement of people at borders. Now, with the use of more advanced technologies and
data-sharing agreements, States are creating comprehensive profiles on foreign travellers to
identify terrorists and criminals even in advance of their arrival at borders, by accessing
passenger manifests and passenger reservation records from carriers. States analyse this
information to identify patterns that correspond to those of terrorists or criminals. At the
border, individuals are subjected to further — potentially invasive — information collection
practices.
30.
Many States now require carriers to submit passenger manifests prior to departure.
States are also seeking access to passenger name records, which include identification
information (name, telephone number), transactional information (dates of reservations,
travel agent, itineraries), flight and seat information, financial data (credit card number,
invoice address), choice of meals and information regarding place of residence, medical
data, prior travel information, and frequent-flyer information. This information is used for
profiling and risk-assessing passengers, usually by submitting queries to various multiagency law enforcement and terrorist databases and watch lists. As a result, foreign carriers
may be restricted from issuing an individual with a boarding pass solely on the basis of the
results of a database query in the destination country, without due process.
31.
The increased monitoring of immigrants and travellers for various purposes gives
rise to a number of privacy challenges. States are gaining information on travellers from
third parties who are compelled to comply lest they be refused landing rights or given
punitive fines, even though privacy guarantees may not meet the requirements of domestic
privacy laws. Moreover, foreigners might not be granted equal access to judicial remedies
in these countries and rights at borders are usually significantly restricted. The United
States Government policy on access to travellers’ laptops is a useful example. Despite the
need to meet constitutional due process requirements for searching a laptop within the
United States, the Department of Homeland Security has approved the accessing of
travellers’ computers without judicial authorization.41
32.
Lastly, States are establishing additional information requirements. Individuals can
be prevented from entering States for refusing to disclose information, and States may insist
upon disclosure without ensuring that there is lawful authority to require this information.
Additionally, information collected for one purpose is now being used for additional
purposes; for example, the European Union’s European Dactyloscopie system
40
41
12
See Human Rights Committee, communication No. 1472/2006, paras. 10.12–10.13.
See the Department of Homeland Security, Privacy impact assessment for the border searches of
electronic devices, 25 August, 2009.
GE.09-17804
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