While the TSA claims that privacy rights are not violated by the use of full body scanners, many passengers disagree, as do many in the human rights community. A United Nations special rapporteur on the protection of human rights points out that recording details of private parts was an especially egregious human rights violation. In particular it was noted that women, people of certain religions and certain cultural backgrounds would likely find the procedure and the notion of their bodies being recorded to be offensive (Agence France-Press, 2010).
There are two dimensions on which the privacy issue surrounding airport screening procedures can be evaluated. The first is the legal issue. The Privacy Act itself offers little direct guidance with respect to airport screening. The Act's emphasis is more on the control of information that comes from the activities of government agencies than on collection of the information itself. As such, the Privacy Act does not appear to set any definitions or limitations on what information can be collected. The collection of video or image records, for example, is not governed by this Act. The Act does govern the management of these records, however. The TSA would be subject to specific provisions with regards to the maintenance of any record from the full body screening procedure. The agency would be limited with respect to its ability to share the data. Most certainly, the leak of any image files to the public would violate the Privacy Act. This addresses one concern that exists, but does not address the risk of unprofessional behavior on the part of agents, sharing images among themselves or viewing the images beyond the course of duty.
The other dimension along which airport screening can be evaluated in terms of privacy is the ethical dimension. The TSA's viewpoint that full body scans are harmless and any privacy concerns are outweighed by security concerns is a utilitarian perspective. However, this view is not shared by many Americans. For many, the ethics of the scans are dictated by cultural norms. The protection of one's individual privacy is considered to be a strong American value, the result of the cultural emphasis on individualism.
It is this cultural norm by which most Americans determine the ethics of privacy. In many ethical philosophies, it is the cultural...
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