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Articles

Conflicting Interests in the Development of a Harmonized EU e-Passport

 

ABSTRACT

Identity and evidence of identity in the form of identification documents, passwords, and codes are key features of the information age and identity infrastructures which are essential in delivering public services and in executing border-control measures. Although increasingly sophisticated, such infrastructures and digital identities are vulnerable to exploitation. Identity theft, offline as well as online, is a key concern for all law enforcement. Fraudulent use of passports from the European Union (EU) is prevalent and has been rather constant over the past few years despite enhanced security mechanisms in EU passports. In response, a harmonized EU-wide e-passport is currently under development, aimed at enhancing the security of identification processes and at stifling identity theft. In this paper, an assessment is undertaken, investigating ethical implications of the novel EU passport regime and how different stakeholders may be affected. It is argued that assessments should include the effects on third country nationals and not only on EU members.

Notes

1 Within the Schengen region, passport fraud is prevalent. In 2013, immigration officials detected approximately 9,800 individuals trying to cross EU borders with false or stolen travel documents, fake visas and residence permits included (Frontex Annual Risk Analysis (ARA) report Citation2014) and in 2014, 9,400 cases of document fraud were detected (Frontex Annual Risk Analysis (ARA) report 2015).

2 “The carrier shall be obliged to take all necessary measures to ensure that an alien carried by air or sea is in possession of the travel documents required for entry into the territory of the Contracting Parties” (Article 26(1)(b) of the Schengen Convention). A failure to meet these requirements implies direct penalties. If an airline flies in passengers without proper travel documents, the specific airline rather than the airport authority will be held accountable. http://www.hri.org/doc§s/Schengen90/body2.html

3 Although Swedish passports are considered to be amongst the most difficult to copy and forge, these documents are relatively easy to obtain. Under Swedish law, citizens can renew their passport (for a small fee of 350 kronor) as many times as they like without fear of being questioned by the police and money can easily be made. Lost, stolen or sold Swedish passports are typically not manipulated but used by someone who looks like the original passport owner.

4 Following Henley & Partner’s Visa Free Index, Sweden is one of three countries at the top of the list of visa free travel. https://www.henleyglobal.com/international-visa-restrictions/

5 In Europe, asylum seekers from Syria have good chances of success with an acceptance rate of 95% in 2014.

6 Interview with Frontex spokesperson on French radio station, Europe 1, on September 1, 2015. http://english.ahram.org.eg/NewsContent/2/9/139392/World/International/Migrants-using-fake-Syrian-passports-to-enter-EU-F.aspx

7 Even if identification of individuals who transgress national borders has been a concern throughout history, this practice, and in particular the chances of connecting identification documents with access rights, have gained in actuality and importance during the past 15 years (Torpey Citation2000).

15 For instance, the security-enhanced Swedish passports considered the most difficult to forge are foremost abused by persons who resemble the original passport holder. They are not tampered.

16 Both RFID and biometrics are highly privacy-sensitive technologies. Potentially sensitive person-specific data, such as birthdate or nationality, are carried on passports. The privacy and comfort of the users of next-generation passports and ID cards will depend on the quality of data-protection mechanisms and supporting architecture. In particular, data secrecy affords an important form of protection against forgery and spoofing attacks. Therefore protecting e-passport data against unauthorized access is a crucial part of the security of the entire system. Confidentiality protection for stored data is important for other reasons as well.

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