Do full-body scanners at UK airports break child porn laws?

There’s been plenty of resistance to the new full-body scanners that have been installed in airports all over the world in the wake of The Great Underwear-Bomb Scare of 2009. Our own Scott Carmichael worried just last week that images of nude children could surface and find their way into the hands of pedophiles.

After Alan Johnson, the UK Home Secretary, announced yesterday that full-body scanners would be introduced at Heathrow Airport in about three weeks, many in the UK have grown concerned that a full-body scan of a child would break laws against child pornography. The law in question is the Protection of Children Act from 1978, which prohibits creating an indecent image or “psuedo-image” of a child.

“They do not have the legal power to use full body scanners in this way,” said Terri Dowty of the group Action for Rights of Children. Although she admitted the child porn laws do make an exception for preventing and investigating criminal activity, it’s unclear whether broad screening by airport security personnel falls under this exception.

A spokesperson for the UK Department of Transport said he “understand[s] the concerns expressed about privacy in relation to the deployment of body scanners.”

“It is vital staff are properly trained and we are developing a code of practice to ensure these concerns are properly taken into account,” he said.

We’ll keep you posted on the legal challenges that are sure to arise in the coming weeks and months.

More here.