Terminal Five chaos threat over fingerprint plan: Commissioner tells passengers to protest at security measures

12 April 2012

The opening of Heathrow's new Terminal 5 was under threat last night after its management was warned that a plan to fingerprint passengers may be illegal.

The £4.3billion terminal is due to open on Thursday.

But the Information Commissioner has told Spanish-owned airport operator BAA that its plan to fingerprint all passengers may breach the Data Protection Act.

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Ready for takeoff: But Terminal 5 could breach data protection laws

The Commissioner's office says passengers ordered to give their prints should do so "under protest" and that such a scheme would normally be considered "intrusive".

It has launched an investigation into whether BAA "took account of the data protection implications of its proposal".

Unless Heathrow provides evidence that the move is necessary, the Commissioner has the power to order it to stop fingerprinting passengers or face legal action.

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Ready for the hordes: Terminal Five took nearly 20 years to develop

Last night there were fears that Terminal 5's opening could be delayed, potentially causing flight chaos at Heathrow.

David Smith, the Deputy Information Commissioner, said: "We want to know why Heathrow needs to fingerprint passengers at all.

"Taking photographs is less intrusive. So far we have not heard BAA's case for requesting fingerprints.

"If we find there is a breach of data protection legislation, we would hope to persuade them to put things right.

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"If that is not successful we can issue an enforcement notice. If they don't comply, it is then a criminal offence and they can be prosecuted."

The airport claims fingerprinting is necessary so that all passengers - domestic and international - can mix freely in Terminal 5's huge airside shopping mall.

Domestic passengers at Terminal 1 are already being fingerprinted so that they, too, can be routed into its main airside lounges with shops and restaurants, rather than less well-appointed domestic departure areas.

Passengers passing through security place a hand on a scanner which records four fingerprints. They also face a camera and are photographed.

Leaflets issued to domestic passengers at Heathrow say: "To ensure we maintain the highest levels of border security, we are required to introduce additional controls for passengers travelling to UK destinations.

"For this reason, we will capture the photo and fingerprints of passengers. Only passengers who comply with these additional controls will be able to fly to UK destinations."

But critics say the main reason for common departure areas is because BAA wants all passengers to be able to spend money in "duty free" shops.

Its website says: "We're transforming Heathrow to make big improvements for all passengers. Domestic passengers will in future use the same departure lounges as international passengers.

"That means all our passengers will enjoy the same wide choice of shops and restaurants."

The Information Commissioner took action after a complaint from civil liberties group Privacy International.

It said that "compulsory fingerprinting...will substantially violate UK Data Protection law", adding: "To diminish privacy rights in order to achieve greater sales revenue is a disquieting development."

The so-called open terminals have major security risks.

An incoming international passenger could potentially switch tickets with an accomplice booked on a domestic flight.

The international passenger - possibly a terrorist or a criminal - would then be able to fly elsewhere in Britain and enter the country without being checked by the immigration authorities.

However, other airports, including London Gatwick and Manchester, already have open terminals.

Instead of fingerprinting, passengers are photographed as they pass through security and have their identities rechecked at the departure gate.

But BAA says the fingerprinting at Terminal 5 has been installed under orders from the Government.

It says a working group, which included the Home Office's Borders and Immigration Agency, decided it was the "most robust system" to protect Britain's borders.

In a statement, BAA said: "When BAA announced plans for common departure lounges, the BIA was keen on a reliable biometric element to border control.

"Fingerprinting was selected as the most robust method by BAA, the BIA and other government departments.

"The data is encrypted immediately and is destroyed within 24 hours of use, in accordance with the Data Protection Act.

"It does not include personal details nor is it cross-referenced with any other database."

But last night the Home Office denied ordering Heathrow to fingerprint passengers.

A spokesman said: "We required a plan to keep the UK border secure. The design of the scheme is a matter for BAA."

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