DISCLAIMER: The information contained in this website is for general information purposes only. This cannot be considered as legal advise as the author is not a lawyer.
According to an article I read, by this time next year, body scanners will be used as an added security measure in Ninoy Aquino International Airport. By the very nature of body scanners, it is expected that a lot of people will voice out their opinions regarding its implementation.
In the first place, what is a body scanner?
A full-body scanner is a device that creates an image of a person's nude body through their clothing to look for hidden objects without physically removing their clothes or making physical contact (http://en.wikipedia.org/wiki/Full_body_scanner). By its very definition, it creates an image of a person's nude body. Its definition itself raises a privacy issue that should very well be addressed before it can be implemented here in the Philippines.
The implementation of such is unconstitutional as it violates Section 2 of Article III of the Constitution. Section 2 states that "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable.. xxx".
The effect of body scanners is that a person may be searched for anything within his person without his consent. This may be construed as an unreasonable search which is protected under our Constitution. The law explicitly states that this right is inviolable regardless of the purpose. And I don't think that the ratio behind the implementation of body scanners is enough reason to violate one of the fundamental rights of a person which is the right to be secure in their persons.
A person's right to privacy, which is related to his right against unreasonable searches, should also be addressed as it may very well be violated in the implementation of such body scanners. The image produced by these scanners reveals too much detail as to the subject's body which should not have been made available to anyone without the person's consent. The image of the human body is a private matter and should never be made available to anyone, let alone be stored in a database somewhere.
The images produced by the body scanners are stored in a database. How sure are we that the database is safe and will not be posted in the internet? I also read an article stating that in a Florida airport, 35,000 naked scans were recorded by officers and distributed on the internet (http://legalift.wordpress.com/2011/02/25/eesc-condemns-body-scanners-as-a-breach-of-fundamental-rights/). One of the things we have to consider possible if body scanners are indeed implemented here in the Philippines.
These are just a few things we have to consider before we should spend a lot of money to acquire these body-scanners. Do the advantages really outweigh the disadvantages? We must always be mindful of the things we are willing to give up for a sense of security.
No comments:
Post a Comment