PROJECT FOR AN "ASYLUM-CARD" RAISES WIDESPREAD CONCERN
The project of the Conference of the Interior Ministers of the German Länder and the Federal Republic, to introduce a compulsory electronic "smart card" for asylum seekers (see FECL No.30, p.8) is causing a public row. The public revelation of the confidential project by the Data Protection Commissioner of Lower Saxony has deeply annoyed the Interior Ministers. Data Protection Commissioners, computer experts and senior politicians warn that, if introduced, the "Asylum-Card" will transform asylum seekers into mere objects of state administration and will pave the way towards the making of the "transparent citizen.
According to the draft project drawn up by a joint Federal and Länder working group of Interior Ministry officials "for the harmonisation of administrative proceedings in asylum procedures", asylum seekers shall be required to carry the smart card at all times. The micro-chip integrated in the card shall provide for the storing and processing of the personal data, a photograph, a digitalized finger-print, as well as comprehensive information on the current state of the asylum procedure, the receipt of food and other public benefits, the holder's registered address and the work permit. The draft report on the project makes it clear that this list could be gradually extended. The idea of the working group is to set out the ground rules for asylum applications based on three principles:
- No asylum application without electronic data registration.
No electronic data registration - no Asylum Card.
No Asylum Card - no benefits.
According to the working group the introduction of the card would provide for the "optimisation of the [asylum] procedure through the minimisation of administrative costs by the means of permanent demand-oriented accessibility of information". The report even expressly considers the possibility of the Asylum Card being extended to the whole of Europe.
Asylum Card: a door-opener towards unlimited control?
In the view of Dr. Gerhard Dronsch, Data Protection Commissioner of Lower Saxony, "the introduction of such a compulsory smart card containing data about all spheres of life, which can be used for many purposes, would violate the German Constitution". For all users with access to the information on the card the bearers would become "transparent people". Refugees would be made "pure objects, consisting purely of computerised information patterns, as defined by the administration. Dr. Dronsch expresses alarm about the fact that the working group did not pay any real attention to data protection. A press release from the Data Commissioner concluded with a serious warning: "What is planned hear for asylum seekers, can, in principle, be extended for everyone. In this respect, the Asylum Card would open the door for similar steps to be taken for minority groups, e.g. social security claimants, or the unemployed".
A "perfectly honourable project"?
Dr. Dronsch's severe warnings appear to have impressed some senior politicians. Several Länder-governments now question the constitutionality of an Asylum Card; but most Christian Democrat Länder governments welcome the project. In the words of the spokesman of the Bavarian Ministry of Social Affairs, the "Asylum Card" is a "perfectly honourable project" that will "not be abused but rather prevent abuse".
The Dutch model
The Interior Ministers' working group has also justified the introduction of the card with the need to keep in pace with similar projects in other EU member states.
As a matter of fact, a more modest form of the Asylum Card was introduced in 1993 and asylum seekers are submitted to routine checks up to three or four times a day. Refusal to carry the card can entail deportation. When the card was introduced in Holland, the Dutch Minister of Justice enthusiastically predicted that it would drastically reduce the number of asylum seekers. "Moreover, we will immediately learn when someone goes underground". In such cases, the absconder's data are communicated to the authorities abroad.
Sources: Junge Welt, Berlin, 5.1.95, article by Miriam Lang; Press release of the Data Commissioner of Lower Saxony, Hannovre, 3.1.95; Press-dispatches from DPA and ADN, 3/4.1.95; our sources.