Aviation security: Commission adopts new rules on the use of security scanners at European airports

The European Commission has adopted a proposal for an European Union legal framework on security scanners. This legislation allows airports and Member States that wish to use security scanners for the screening of passengers to do so under strict operational and technical conditions.

Member States have been trialling or testing security scanners1, since a terrorist attempted on 25 December 2009 to blow up a plane flying from Amsterdam to Detroit with plastic explosives he had hidden in his underwear. Until now the use of security scanners has been done under a patchwork of different national operational procedures and standards and in a limited way. As a common EU-wide framework, the new legislation legally allows Member States and airports to replace current security systems with security scanners. It also ensures the uniform application of security rules at all airports and provides strict and mandatory safeguards to ensure compliance with fundamental rights and the protection of health.

Member States and airports do not have an obligation to deploy security scanners, but if they decide to use them, they will have to comply with the operational conditions and performance standards set at European level. Vice-President Siim Kallas, Commissioner responsible for transport, said: "Security scanners are not a panacea but they do offer a real possibility to reinforce passenger security. Security scanners are a valuable alternative to existing screening methods and are very efficient in detecting both metallic and non-metallic objects. It is still for each Member State or airport to decide whether or not to deploy security scanners, but these new rules ensure that where this new technology is used it will be covered by EU wide standards on detection capability as well as strict safeguards to protect health and fundamental rights. Experience to date shows that passengers and staff generally see security scanners as a convenient method of screening."

Security scanners are an effective method of screening passengers as they are capable of detecting both metallic and non-metallic items carried on a person. The scanner technology is developing rapidly and has the potential to significantly reduce the need for manual searches ("pat-downs") applied to passengers, crews and airport staff.

Under the new EU legislation the use of security scanners is only allowed in accordance with minimum conditions such as for example that: security scanners shall not store, retain, copy, print or retrieve images; any unauthorised access and use of the image is prohibited and shall be prevented; the human reviewer analysing the image shall be in a separate location and the image shall not be linked to the screened person and others. Passengers must be informed about conditions under which the security scanner control takes place. In addition, passengers are given the right to opt out from a control with scanners and be subject to an alternative method of screening.

By laying down specific operational conditions and by providing passengers with the possibility of opting out, the legislation safeguards fundamental rights and the principles recognised in particular by the Charter of Fundamental Rights of the European Union.

Body Scanners based on X-ray technology are banned 

In order not to risk jeopardising citizens' health and safety, only security scanners which do not use X-ray technology are added to the list of authorised methods for passenger screening at EU airports. All other technologies, such as that used for mobiles phones and others, can be used provided that they comply with EU security standards.

Manchester Airport will continue testing of back scatter body scanners

Passenger body scanners, currently being used at Manchester Airport, are to be tested by the European Commission to assess if they pose a health risk. Manchester has been trialling back scatter body scanners in security checks since 2009. The airport will continue using the scanners while the European Commission tests are carried out. The UK Health Protection Agency has already assessed that the scanners pose a "negligible" risk to health. Manchester Airport has been given permission to continue trialling the scanners until November 2012. The back scatter scanners use a low dose of x-rays to scan through clothing producing "naked" images of passengers.

A spokesperson for Manchester Airport said: "Extensive tests by the UK Health Protection Agency and the US health authorities have already confirmed that back scatter body scanners pose a negligible risk to human health. It is irresponsible to suggest that because Europe has yet to complete its own health study, our passengers should be concerned." While its study is under way, an extension of the trial of back scatter body scanners at Manchester Airport has been approved by the European Commission until November 2012