News: Body Scanner Developments

EPIC points out that DHS announced last week it plans to roll out full body scanners (now known as “Advanced Imaging Technology” in TSA-speak) to 28 additional airports. Meanwhile, EPIC has attempted to bring an action to suspend use of the scanners, and a bill has been introduced in the US Senate (S.3536) that would require deployment of the scanners at all US airports by 2013.

In Switzerland, the Zurich Airport began a pilot test involving a single body scanner on 8 June 2010. The test involved the “second generation” system which uses the gingerbread-man-like display rather than an actual scan image. The pilot test was completed on 14 July 2010, and the Airport states that the use of the system enjoyed a high acceptance rate among passengers. The results from the test are being assessed, and future tests may take place, but there are currently no plans to acquire any scanners, the Airport reports.

Swiss Intelligence Oversight Body Cites Problems with Database

Earlier this month, Swiss media announced that the oversight body for Swiss intelligence and national security activities, the “Geschäftsprüfungsdelegation” (GPDel), had produced a negative report on the state of the Federal Intelligence Service’s information system, the ISIS-NT. According to the report, the database held entries on 50,000 people in 2001 and grew to 60,000 entries in 2004 (p. 6). Since that time, however, the database has grown to contain primary entries on 120,000 individuals plus an additional 80,000 or so “third persons”. These third persons represent individuals who have some tie to the 120,000 individuals of primary concern or to some event recorded in the database.

The GPDel expressed concern about the overall quality of the data held in the database. Based on its inspection of various sample entries, the GPDel found instances where the individuals or incidents entered into the database were not serious enough to warrant inclusion as well as instances where data had expired but had not been deleted. The GPDel also opined that the database suffered from the systematic entry of incorrect data due to a flaw in internal entry guidelines. Additionally, it suspected that many of the 80,000 third person entries did not meet the legal requirements that warranted entry in the database.

According to an article in the Neue Zürcher Zeitung, only about 5% of the entries concern Swiss citizens and only 12.2% are Swiss residents. These facts have perhaps prompted the Federal Commission for Migration Issues to inquire whether the database has had any bearing on the issuance of resident permits, as reported by the NZZ (citing an interview on Swiss Radio DRS).

The report is available in French here and in German here.

News: Zurich Police Regulations Regarding Surveillance Ruled Unconstitutional

The Swiss Federal Court has ruled that certain amendments to Zurich cantonal police regulations that pertain to surveillance are unconstitutional. According to a story in the Neuer Zürcher Zeitung, provisions concerning both the scope of surveillance and the duration for which surveillance footage might be preserved were among those which the court deemed to be in violation of constitutional protections. The court found that the amendments would permit both plain and covert surveillance throughout all public spaces within the Canton and that this lack of constraint represented an impermissible encroachment upon the freedom and private sphere of citizens. Another provision would have permitted film footage from surveillance activities to be preserved for up to a year or until related investigations had been concluded. According to the NZZ, the court held that the maximum period for preservation of such records is 100 days, thus demonstrating agreement with a decision which had been reached two years earlier in a case from the Canton of St. Gallen.

News: Swiss Federal Roads Office considers introducing GPS surveillance for speeders

According to an article in Dem Bund, the Federal Roads Office has supported a suggestion to force known speeders to have a GPS device installed in their cars that would allow federal authorities to identify if the driver violates speed limits. The measure would be a condition for the reinstatement of a driver's license which had previously been revoked for excessive speeding.