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Über dieses Buch

This book sheds light on aviation security, considering both technologies and legal principles. It considers the protection of individuals in particular their rights to privacy and data protection and raises aspects of international law, human rights and data security, among other relevant topics. Technologies and practices which arise in this volume include body scanners, camera surveillance, biometrics, profiling, behaviour analysis, and the transfer of air passenger personal data from airlines to state authorities.

Readers are invited to explore questions such as: What right to privacy and data protection do air passengers have? How can air passenger rights be safeguarded, whilst also dealing appropriately with security threats at airports and in airplanes? Chapters explore these dilemmas and examine approaches to aviation security which may be transferred to other areas of transport or management of public spaces, thus making the issues dealt with here of paramou

nt importance to privacy and human rights more broadly. The work presented here reveals current processes and tendencies in aviation security, such as globalization, harmonization of regulation, modernization of existing data privacy regulation, mechanisms of self-regulation, the growing use of Privacy by Design, and improving passenger experience.

This book makes an important contribution to the debate on what can be considered proportionate security, taking into account concerns of privacy and related human rights including the right to health, freedom of movement, equal treatment and non-discrimination, freedom of thought, conscience and religion, and the rights of the child. It will be of interest to graduates and researchers in areas of human rights, international law, data security and related areas of law or information science and technology.

I think it will also be of interest to other categories (please see e.g. what the reviewers have written)

"I think that the book would be of great appeal for airports managing bodies, regulators, Civil Aviation Authorities, Data Protection Authorities, air carriers, any kind of security companies, European Commission Transport Directorate, European Air Safety Agency (EASA), security equipment producers, security agencies like the US TSA, university researchers and teachers."

"Lawyers (aviation, privacy and IT lawyers), security experts, aviation experts (security managers of airports, managers and officers from ANSPs and National Aviation Authorities), decision makers, policy makers (EASA, EUROCONTROL, EU commission)"



Chapter 1. Introduction

As the title of this work explicitly reflects, the discussion will mainly deal with two groups of issues: aviation security and privacy, data protection and other human rights. While aviation security is mainly aimed at preventing acts of unlawful interference with civil aviation and relates to the state’s undertakings to protect persons, aircraft, airport facilities and other material assets from harm, there are also various fundamental human rights instruments aimed at protecting not only the right to life, but also other rights and freedoms of individuals.
Olga Mironenko Enerstvedt

General Part


Chapter 2. Protection of Privacy and Data Protection in Aviation Security

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.
Olga Mironenko Enerstvedt

Chapter 3. Other Human Rights in Aviation Security

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.
Olga Mironenko Enerstvedt

Chapter 4. Civil Aviation Security

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.
Olga Mironenko Enerstvedt

Chapter 5. Legal Principles of Privacy and Data Protection

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.
Olga Mironenko Enerstvedt

Special Part


Chapter 6. Aviation Security Technologies

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.
Olga Mironenko Enerstvedt

Chapter 7. Analysis of Privacy and Data Protection Principles

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.
Olga Mironenko Enerstvedt



Chapter 8. Conclusion

The first aim was to discuss whether the use of the selected aviation security measures corresponds to legal principles of privacy and data protection. For this evaluation, it was important first to know the context – i.e., to use the results of the second aim, describing the measures, their background, emergence and contemporary usage, and secondly, to understand which exact legal principles should be used, as well as applicable regulations (examples from selected jurisdictions). In addition, since all human rights are interconnected, the impact on other human rights was assessed.
Olga Mironenko Enerstvedt


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