"body scanners"

DISCLAIMER: The information contained in this website is for general information purposes only. Since the author is not a lawyer the contents shall not be considered as legal advice. 

 

I came across an article stating that the Bureau of Customs (BOC) is looking to install body scanners, one at Ninoy Aquino International Airport (NAIA) to ensure the safety of passengers and to remove the possibilities of terrorist actions. (http://balita.ph/2010/02/11/boc-to-install-full-body-scanners-in-major-ports-of-the-country/) 

Another article said that an investigation is being set into the plan of such placement of scanners for fear that the equipment would be abused and violate privacy and human rights. Cagayan de Oro Rep. Rufus Rodriquez and Abante Mindanao party-list Rep. Maximo Rodriquez both said that the body scanners use low-levels of radiation to detect contraband and provide "a very detailed image of the travelers' naked body." (http://www.philstar.com/Article.aspx?articleId=680542)

The phrase "A detailed image of the travelers' naked body," may be seen as bothering for most people although for some it maybe seen as, plainly an image. We can never really understand the relativity of how people think regarding how they can understand the reality that is in front of them. If we were to look at how the normal reaction of people would be i think it would be that such body scanner is outrageous, unethical, and morally wrong. This can proven as it is stated in the Constitution, and the Constitution protects us from such violation of our privacy.

Title III Section 2 of the Constitution states that, "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 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."

Given this, we should understand that the body scanners that are talked about are indeed considered as searches. Knowing this there is also a clear violation of the right of unreasonable search and seizures. The images generated by the body scanners are the exact image that the people would want to protect. Nobody wants that a stranger from the airport even if considered as a personnel, to be seeing their naked body. 

Some would say that these actions, placement of body scanners, are just precautions to terrorism. This maybe true but if we look closely at RA 9372 or the Human Security Act of 2007, the second paragraph of Section 2 states that, "In the implementation of the policy stated above, the State shall uphold the basic rights and fundamental liberties of the people as enshrined in the Constitution." It is clear that the Constitution prevails over RA 9372. Some would also say that, "In installing the devices, passengers do not have to go through the rounds of security checks at the port's gates and it will put an end to the delays caused by the routine inspection. (Nestorio Gualberto, director of Customs Enforcement and Security Service (ESS)) 

These inquiries are true and i believe that the intention of the people who wanted to place the body scanners are good but at the end of the day, it is not only their rights that they think are not violated, but they also have to think of how the public thinks. We as a whole are part of society and we as a whole should be part and parcel in the movement to a better and safe society. The Constitution dictates what is said to be unconstitutional and until another new kind of technology is discovered that would pass the limitations set by the Constitution, and i believe it's already been invented, it will remain a violation of privacy.