Using biometrics and RFIDS chips in the European Area of Liberty, Security and Justice-a question of balance or a question of dignity? [L'utilisation de la biométrie et des RFIDs dans le cadre de l'espace européen de liberté, de sécurité et de justice: une affaire de balance ou une question de dignité?]

This article discusses the problems attached to the storage of personal data relating to identity documents and residence permits in automated data storage systems. It highlights how these problems are exacerbated by the use of biometric elements and RFID. In combination with automated procedures at border crossing points travellers may see there travel interrupted based on wrong information contained in the data storage system which they will not easily be able to correct due to the confidence put in the systems. The article puts these problems in a wider context of identity and human dignity. It reminds the reader that there is a risk of confusing immigration and criminality under the wider heading of "security". Based on a profound human rights analysis, the author takes the view that one should not easily believe that there is a mere balance to be struck between the right to protection of data of an individual concerned and the right to security of other potential crime victims or the public in general. Rather one should remember that all human rights texts are based on the idea that limitations to individual rights need to be justified by legitimate aim and in a way that is necessary in a democratic society. Finally it calls for a coherent approach by the European policy-maker relating to the collection and storage of personal data with implications for the right of persons to free movement. © 2009 ERA.