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Outsourcing of Systems for Detection-Identification-Authentication

The growing proliferation of technologies for personal detection and identification has to a large extent blurred the lines between the public and the private. Growing number of national and local agencies are outsourcing their security operations. Critics warn that the rush to privatize might offer short-term benefits, while jeopardizing long term citizens’ civil rights and State prerogatives. The European Data Protection Supervisor has recently considered that “reception of the application form and taking of the biometric identifiers could be carried out by an external service provider” though “outsourcing the processing of visa application to a private company should be admissible only if it involves a place under diplomatic protection, and is based on contractual clauses providing for effective oversight and liability of the contractor”. No doubts that this opinion is drafted with great care and attention for data protection. However, there are also little doubts that having the processing of visa applications carried out by an external service provider in a third country has a number of consequences in terms of the protection of the very sensitive data collected. Still more seriously we are before a paradigm shift. Historically the coincidence between state, nation and territory made it possible for the State to offer in the same while security and identity management to its citizens. In a world in which such coincidence tends to dissolve - where identity management could be ensured more efficiently by private software companies - should a new constitutional pact between the state and its citizens be required?

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