ABSTRACT
This chapter examines some of the areas of law which have emerged in common law jurisdictions on the subject of electronic data interchange and legal liability which may apply by analog to passengers who are categorized as inadmissible by the automatic screening process. Some automated passenger screening systems are already in use, notably the INSPASS system in the United States. Australia, Canada, the United Kingdom, the Netherlands and Germany are also considering introducing the smart card, and it has been envisaged that world-wide use of automated screening of travellers would speed up the admission process, guarantee greater security, use immigration and customs resources more effectively and efficiently and alleviate the airport congestion problems. Initially, automated screening of passengers using smart cards will probably be carried out by States on a regional basis, for example, so that they could be used in Europe only by European Community citizens.
