Aviation Security and Fundamental Rights: Some Constitutional Issues Raised by the Body Imaging Technology from a Comparative Perspective

Abstract

This paper deals with the possible violation of fundamental rights through the use of additional security measures in airport security, namely the newly invented full body scanners. In introducing two countries with a very different level of terrorist threats, ie the United States of America and New Zealand, this paper will also examine how the results will differ. If need be, it will subsequently be examined whether diverse results are caused by different legal frameworks, or rather just by the different level of exposure to terrorist attacks in similar legal frameworks. Fundamental rights that may be violated in this respect and are dealt with in this paper include the right to privacy, ie to be free from unreasonable search and seizure, and the right to freedom of religion.