Passports in Australia

A portmanteau of the French words “passer” (to pass) and “port” (seaport), the first appearance of a passport in Australia was the “ticket of leave” that permitted convicts to move about within the British colonies.

Following the start of World War I, the War Precautions Act 1914 was passed, which allowed the government to better track the movements of people leaving and entering Australia (including men potentially seeking to avoid compulsory military training) by mandating the possession of a passport for any person over the age of 16. Once the war ended, the Passports Act 1920 created a permanent passport system which then Minister for Home Affairs Arthur Blakeley promoted by highlighting how passports “afforded a valuable means of identity and right to travel”.

 

9/11 and the rise of biometric passports

Following the terrorist attacks in the USA on September 11 2001, the US initiated significant changes to its visa issuance system, which included the demand that other countries begin using biometric passports to make it easier to identify travellers.

Australia was an early adopter of this technology, and by 2005 began issuing biometric passports that featured an electronic radio frequency identification (RFID) chip that includes a traveller’s biometric information, which is used to authenticate the identity of the passport holder.

 

How biometric passports work

Biometric passports (sometimes also called electronic passports or ePassports) feature a computer chip that contain a person’s biometric data, which is data relating to one’s unique characteristics, such as a fingerprint, facial features, or the iris or retina. It also contains information such as:

  • Personal and biographical information, such as one’s full name and date and place of birth
  • A (recent) photograph
  • Biometric data (e.g. iris scan or fingerprints)
  • The chip’s unique identification number
  • A digital signature that authenticates the information on the passport

When accessed, the data contained on a biometric passport is meant to be the same as what’s listed on the passport page.

 

Other data that can be accessed

In accordance with the Convention on International Civil Aviation, a state may seek to obtain data on passengers from aircraft operators in the form of the Passenger Name Record (PNR), which, as set out in the Guidelines on Passenger Name Record (PNR) Data published by the International Civil Aviation Organization (ICAO), have restrictions as to what data can be shared with states.

What can be shared

  • health issues
  • food preferences
  • “free text and general remarks”

What cannot be shared

  • sexual orientation
  • political views
  • religious belief(s)
  • marital status
  • ethnic/racial origin(s)

Essentially, PNRs should not contain data irrelevant to a passenger’s flight. As concerns data that should not be included in PNRs, ICAO states “Contracting States should not require aircraft operators to collect such data in their PNRs”.

 

Why states collect PNR data

According to ICAO, numerous states consider the data they obtain from PNRs extremely useful in combatting crime and terrorism. Many aircraft operators and states also feel that it helps improve aviation and border security and protects the public.

 

How states obtain PRN data

PRN data can be accessed using either a push or pull method.

Pull method: states access an aircraft operator’s system to retrieve (“pull”) data

Push method: an aircraft operator provides (“push”) the data requested by authorities

Airlines are advised to tell all travellers that their PNR data may be shared with a state and explain the purpose or reason as to why and provide guidance concerning how to obtain the shared data.

 

Additional data that may be collected

Alongside PNR data, some countries may request airlines to also collect advance passenger information (API), which includes data such as:

  • The intended play of stay while travelling
  • Citizenship details
  • Where one lives (i.e. their place of residence)
  • Miscellaneous passport details

Some of this information may be extracted from PNRs, but the rest, if required, will need to be presented to border control by travellers.

 

What information is collected by Australia?

The information that is collected by the Australian government includes all personal data included in a travel application, including, as stated by the Department of Foreign Affairs and Trade (DFAT), any “accompanying documents and photos”. Other agencies may also supply information to Australia if they feel there are security or law enforcement risks.

 

Biometric data governance and legislation in Australia

In Australia, personal information related to travel and passport documentation and the protection of that information is handled by DFAT in conjunction with the rules and frameworks set out by the Australian Passports Act 2005 (Cth) and the Privacy Act 1988 (Cth).

 

International security and data sharing

In addition to personal data and acceptable API and PNR data, Australian immigration officers can, when accessing a biometric passport, also access data supplied by Interpol, terrorism and criminal databases, national watch lists, as well as any information provided to Australia by other members of the Five Eyes alliance.

 

Concerns and criticisms

As noted in a recent Annual Industry Survey conducted by the Biometrics Institute, there is a considerable amount of concern around the use of deepfakes fooling biometric recognition systems.

Questions have also been raised around misidentification mistakes, with a 2012 report published by the Electronic Frontier Foundation noting that the Australian government refused to disclose misidentification error rates due to security concerns.

 

Key takeaways

Biometric passports are an evolving technology designed to help states ensure the identities and manage the flow of people passing through their borders, reduce the chances of identity fraud, and ensure compliance with international agreements and standards.

Nyman Gibson Miralis provides expert advice and representation in cases of international criminal law.

Contact us if you require assistance.