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The contents of this blog are mere opinions
of the author on current issues.
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Thursday, May 12, 2011

Body scanners in Philippine Airports

The Manila International Airport Authority (MIAA) has been planning to purchase body scanners for airport terminals in Metro Manila. This is a brilliant idea. However, this issue gathered different arguments from among liberals and human rights advocates which had lead most people to oppose the plan. Stirred issues concerning constitutional protection on privacy blinded most people.

In some other countries, body scanners are already installed in airports and train stations. Recently, some photos taken from these machines were leaked into the Internet. This event might have caused defiance from most people with regard body scanners.

Body scanners, one of the technological advances of today, is a good investment for national security and interest of a country. Since today, terrorists and drug syndicates are wiser than yesterday because their operations are upgraded to the next level.

Say for example the illicit drug operations today. Drug syndicates now conceal illegal drugs inside a body of a person. It is done by making their subjects swallow a thumb-sized drug capsules instead of hiding it to their baggage. Think of this, what if terrorists planted bombs inside the body of suicide-bombers? I bet, even a million trained dogs would not be able to detect such stuff inside a person's body. Of course, K-9s sniff into passengers' baggage and not on people. . . the point is, our security measures are not so advance to cope up with the advances of society's villains. We are still oh so traditional!

People, we need this kind of machine or else we may be named as a transhipment for drugs or worse, a spot for terrorists.

The biggest issue argued by opponents of body scanners is the invasion of a person's right to privacy.

In our country, we give great respect to a person's rights. If conflicting interests are involved, our laws recognized a hierarchy of rights for which to resolve these conflicts. Our laws do not permit intrusion and denial of our rights.

Article III of the 1987 Philippine Constitution, our present Constitution, contains the Bill of Rights, our rights as people of the Philippines, it serves as a limitation to the inherent powers of the State. Under Section 2 thereof provides,

'Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after the examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.'

This provision embodies a person's right to privacy. This right protects us from unreasonable intrusion by the State to our privacy.

A person's right to privacy, however is not without exceptions. Like any other rights we have, it is not absolute. National security and interest are paramount to our right to privacy. On this basis alone, the installation of body scanners to our airports can withstand constitutional attacks.

One of the recognized exception to our right to privacy is the enforcement of immigration laws, the enforcement of airport security procedures. When a person goes into our airports, he should expect to lose the protection of this right. As part of airport security procedures, searches may be conducted to his person and to the properties under his immediate control. A security procedure like this is imperative to address the infinite concern on drug trafficking and terrorism.

Moreover, the highest court of our land has decided in the case of People Vs. Johnson (GR No. 138881, 18 December 2000) that airport security procedures do not necessarily violate the constitutional protection on a person's privacy. The Supreme Court held in this wise,

'... .Passengers attempting to board an aircraft routinely pass through scans. Should these procedures suggest the presence of suspicious objects, physical searches are conducted to determine what the objects are. There is little question that such searches are reasonable, given their minimal intrusiveness, the gravity of the safety interests involved, and the reduced privacy expectations associated with airline travel.. .'

Body scanners will only be installed in our airports and not in malls or some other places we usually go. That means, we will be subjected to the scan only when we go to our airports. What could have been so haunting to some people about these machines? So what if the whole body is exposed? What would be so embarrassing? It will be done for security purposes only and the scan will take just a while. We, people should be more open regarding this matter.

As regards the leaked photos online in other countries, such an event can be prevented. We will give due consideration into implementing rules and regulations should we adopt body scanners on our airports. We are intelligent people, my dear Filipinos, we will definitely not incur mistakes like those of the other countries.
Its time that we should open up to advantages that the technology offers.

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