Novum, 7 Aug 2012: 'Council of State: no passport without fingerprint'

"The municipality of Amsterdam does not have to issue a resident's passport without her fingerprints for the time being. According to the Council of State, it has not been demonstrated that the woman's privacy will be violated.

The woman refused to have her fingerprints included in the chip on the passport, saying this would violate her right to privacy. The woman therefore filed emergency proceedings with the Council of State, arguing that Amsterdam should give her a passport without fingerprints.

The council ruled on Tuesday that issuing a passport without fingerprints would mean European rules would not be applied. According to the council, this is only possible if "there is serious doubt whether those rules are in line with the right to privacy". That serious doubt is insufficient, according to the Council of State.

Incidentally, the council notes in its ruling that answering this question requires in-depth research, which is not possible in such urgent proceedings. The Council of State will make a final decision on the case later in so-called proceedings on the merits. Several other proceedings on the storage of fingerprints in passports are currently pending before the Council of State.

Fingerprints have been taken when applying for a passport since 2009. This is done under European rules. The prints are stored in a chip in the travel document.

The Privacy First foundation says it has taken note of the ruling with astonishment. According to the privacy organisation, the judge in this case "mainly shows himself to be a lackey of the European Commission rather than a servant of human rights in his own country."

Source: Novum