Law, Governance and Technology Series Sub-series: Issues in Privacy and Data Protection 37 Olga Mironenko Enerstvedt Aviation Security, Privacy, Data Protection and Other Human Rights: Technologies and Legal Principles Law, Governance and Technology Series Issues in Privacy and Data Protection Volume 37 Series editors Pompeu Casanovas, Barcelona, Spain Giovanni Sartor, Florence, Italy Serge Gutwirth, Brussels, Belgium Issues in Privacy and Data Protection aims at publishing peer reviewed scientific manuscripts that focus upon issues that engage into an analysis or reflexion related to the consequences of scientific and technological developments upon the private sphere, the personal autonomy and the self-construction of humans with data pro- tection and privacy as anchor points. The objective is to publish both disciplinary, multidisciplinary and interdisciplinary works on questions that relate to experiences and phenomena that can or could be covered by legal concepts stemming from the law regarding the protection of privacy and/or the processing of personal data. Since both the development of science and technology, and in particular information tech- nology (ambient intelligence, robotics, artificial intelligence, knowledge discovery, data mining, surveillance, etc.), and the law on privacy and data protection are in constant frenetic mood of change (as is clear from the many legal conflicts and reforms at hand), we have the ambition to reassemble a series of highly contempo- rary and forward-looking books, wherein cutting edge issues are analytically, con- ceptually and prospectively presented More information about this series at http://www.springer.com/series/8808 Olga Mironenko Enerstvedt Aviation Security, Privacy, Data Protection and Other Human Rights: Technologies and Legal Principles Olga Mironenko Enerstvedt Aviation and ICT Law Consulting Langhus, Norway ISSN 2352-1902 ISSN 2352-1910 (electronic) Law, Governance and Technology Series ISSN 2352-1929 ISSN 2352-1937 (electronic) Issues in Privacy and Data Protection ISBN 978-3-319-58138-5 ISBN 978-3-319-58139-2 (eBook) DOI 10.1007/978-3-319-58139-2 Library of Congress Control Number: 2017941081 © Springer International Publishing AG 2017 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland Preface When I was finalizing this work, the worst incident in Russian/Soviet history of civil aviation occurred. On 31 October 2015, terrorists blew up Airbus A321 during its flight from Sharm el-Sheikh to St. Petersburg, killing 224 persons on board, mostly Russians. Tragically, I found I needed to update my research with new sad facts and figures. When people are killed, it hurts. When fellow citizens are killed, the pain is doubled. As a participant of a student exchange programme, I was in the USA at the moment of the 9/11 attack. I flew from New York to Moscow in October 2001 and experienced the more stringent security measures. A pair of small scissors was con- fiscated from my hand baggage. I was living in Moscow when the worst terrorist events occurred there, such as the Dubrovka Theatre siege in 2002 and bombing of two flights by suicide terrorists in 2004. On 22 July 2011, I was living in Norway and personally heard the explosion of bombs in government buildings in Oslo. One of the guests invited to my wedding party a week later was unable to attend; her close relative had been killed in the bombings of the government quarter in Oslo. There have been other terrorist-related events in my life. Turning from the personal to a more general perspective, I must say that although not all these catastrophic events were aviation-related, almost all of them had some influence on security regimes, including aviation. Flying from Oslo to Moscow and back quite frequently, as well as other routes, I could not help but notice direct or indirect consequences such as restrictions on liquids, having to remove shoes, metal detectors at the entrance of the airport or body scanners. As a researcher in the field of aviation security and data privacy, however, I know that these measures are only the tip of the iceberg. The emerging mass of security-related data and the corre- sponding impact on individual privacy are only in the beginning stage of development. My interest in aviation grew as a result of my work as a lawyer in a business avia- tion company, Moscow Sky, operating internationally. I worked there during 2005– 2008. I have fond memories of my colleagues and the time I spent there. When I then took the LLM degree in ICT law at the University of Oslo, I was very fortunate v vi Preface to be able to combine aviation and data protection issues in my master’s thesis. The topic concerned passenger name record agreements between the EU and the USA. My master’s thesis was published by the Norwegian Research Center for Computers and Law (NRCCL). I was privileged to have Professor Jon Bing as my supervisor. Very sadly, he passed away in 2014. Inspired by conversations with Jon Bing and the director of NRCCL, Professor Dag Wiese Schartum, I decided to further develop the topic. The aim was to research broader issues in civil aviation security versus privacy, data protection and other human rights and – on a global level – to write a book. I completed the work in 2016. First of all, I would like to thank Professor Dag Wiese Schartum. He has always been very supportive, available for help and advice at any time and willing to pro- vide valuable comments and ideas. I am also very thankful to Professor Lee Andrew Bygrave, for his invaluable advice and comments, in particular on data privacy issues. I would like to thank Peter Burgess from PRIO for his encouragement of my work at the initial stage, inviting me to relevant seminars and sharing contacts in the civil aviation field. I would like to thank the Norwegian Civil Aviation Authority for hosting a meeting at which they presented their organization and work. Many thanks go to the personnel of the Norwegian airport operator Avinor, in particular to senior security advisor Ole Folkestad, who was especially helpful in providing me with an of understanding the use of technologies in modern airports. My gratitude also goes to other relevant entities and persons, in particular from Norway and Russia, who took the time to answer my questions. I would also like to thank all colleagues at the NRCCL who have always been very kind and friendly towards me. Special thanks go to the head of administration of the Institute of Private Law, Eva Modvar, and then to her successor, Eli Knotten, for their kindness and help with every practical issue I faced and for always being available to provide support and advice. I would like to specially thank Tim Challman for proofreading the final text and for offering valuable comments and advice regarding the English language. I am indebted to my family, especially to my mother, my husband Håken and our children, Maria, Anna and Aleksander. Håken has been very kind and extremely patient. He has been a willing babysitter and took good care of our small children, while I was busy with the book and was unable to spend as much time with them as I wished. This work is dedicated to my family. I love you. Langhus, Norway Olga Mironenko Enerstvedt Contents 1 Introduction................................................................................................ 1 1.1 Background and Subject Matter........................................................ 1 1.2 Aims of the Research........................................................................ 8 1.3 Approach of the Research................................................................. 9 1.4 Overview of the Structure................................................................. 13 Part I General Part 2 Protection of Privacy and Data Protection in Aviation Security........... 19 2.1 Introduction....................................................................................... 19 2.2 What Is Privacy and Data Protection................................................ 22 2.2.1 The Concept of Privacy......................................................... 22 2.2.2 The Concept of Data Protection...........................................