Consequently, the provision could violate the principle of non-excessiveness and
potentially the right to remain silent and the right to self-determination of personal
information.
7) Recommendation to Prohibit Full-body Scanners Installation at Domestic
Airports
The Commission recommended on June 10, 2010 to the Minister for Land,
Transportation and Maritime Affairs that full-body scanners should not be installed at
domestic airports as they have high potential to infringe the principle of non-excessiveness
and the principle that administrative functions must be based in law. The Commission
concluded the installation of full-body scanners could breach the right to privacy and no
one would claim responsibility in the case of leakage of those scans. Furthermore, the
application of the full body scan could potentially generate discrimination on the ground of
nationality or religion. The claim that the scanners could detect materials that have not
been detectable with old search equipment is insufficient to be considered effective and
convincing evidence to prevent terrorism.
8) Recommendation to Improve Laws and Practices on Open Search for Suspect
The Commission recommended on June 17th to the Minister for Justice to provide the
grounds for requirements and procedures of open search for suspect as well as new clauses
on the grounds for Internet open search in Criminal Procedure Law. It also recommended
to the Commissioner General of the National Police Agency to abide by provisions on the
requirements and procedures of open search for suspect, to delete photographs of the
suspects posted on the Internet website immediately after the arrest, to provide technical
security devices to prevent the duplication and distribution of photographs of the suspect
posted on the webpage, and to include external members in the committee to select
suspects for open search.
36
Part II. Major Activities of the Commission