The European Regulation on Biometric Passports: Legislative Procedures, Political Interactions, Legal Framework and Technical Safeguards

The current implementation of biometric data in the new generation of European passports is progressing rapidly. On the legal basis of an EU Council regulation, member states must include RFID chips containing facial and fingerprint images in the travel documents of their citizens. While the use of biometric systems itself poses fundamental questions of constitutional and data protection law, the political and legislative procedures implemented prior to the adoption of the Regulation have been highly problematic due to the absence of public debate, the lack of participation of the national parliaments and the overruling of the European Parliament by the Council. Furthermore, important practical issues remain unsolved. DOI: 10.2966/scrip.040307.246 * Dr. Gerrit Hornung, LL.M. in European Law (Edinburgh), Managing Director, Projektgruppe verfassungsverträgliche Technikgestaltung (provet), University of Kassel, gerrit.hornung@unikassel.de. An earlier version of this paper was presented at the Workshop ‘Privacy and Information: Modes of Regulation’ (A Busch and C D Raab), ECPR Joint Session of Workshops, Helsinki, 7-11 May 2007. (2007) 4:3 SCRIPT-ed 247 © Gerrit Hornung 2007. This work is licensed through SCRIPT-ed Open Licence (SOL).