Stripped and Safer? Issues of Privacy and Security surrounding the Full Body Scanner

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Abstract

This article discusses the legal implications of the full body scanner, a security measure introduced at airports worldwide after the failed attempt to bomb an airliner on 25 December 2009. The full body scanner conducts a "virtual strip search" and has the ability to see through the clothing of the scanned passenger. This has raised concerns of breaches of privacy, and there are serious doubts about the effectiveness of such a security screening measure. An analysis of the jurisprudence in four different legal jurisdictions in North America and Europe with regards to the legality of the body scanner will be provided. The article concludes by weighing privacy rights against the public interest in safeguarding aviation security, and addresses whether the effectiveness of the new airport security measure justifies the costs and privacy concerns.
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Reproduced with permission
Original languageEnglish
Pages (from-to)231-264
JournalAnnals of Air and Space Law
Volume35
Issue numberPart 1
Publication statusPublished - 2010
Externally publishedYes

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