5 March 2004
To: Ian Kemish, First Assistant Secretary, Public Diplomacy, Consular and Passports Division, Department of Foreign Affairs
Subject: Fingerprinting of Australians by the U.S. Govt
Dear Ian
Thank you for your letter of 3 March. It contains a number of points that come as a complete surprise to us. We will respond shortly.
In the meantime, it would be greatly appreciated if you would provide clarification on another matter.
We were given to understand that the U.S. requires the Australian government to commence issuing new passports containing biometrics by 26 October 2004, in return for which the U.S. will continue the visa-waiver program for Australian passport-holders.
We further understood that Australians, whether they required visas or not, would not be subject to fingerprinting by the U.S. Government, at the U.S. border or anywhere else. See, for example, the Sydney Morning Herald article of 7 January 2004, copy below.
A media report of mid-Thursday, copy below, says that the U.S. has now commenced demanding fingerprints from Australian visa-applicants.
Firstly, this is in conflict with the understanding that we have had, and therefore creates grave doubts about the other understandings as well.
Secondly, it is grossly privacy-intrusive, and the data that it generates is extraordinarily sensitive. Moreover, it appears that there are no privacy protections under Australian law in regard to the collection, storage, use and disclosure of that data, including no preclusion of export of the data to any country in the world, irrespective of the absence or inadequacy of privacy laws in that country.
Would you please advise:
(1) whether the presumption is correct that Australians travelling to, from and within the U.S. under the visa-waiver program are not subject to fingerprinting, at the U.S. border or anywhere else;
(2) whether the presumption is correct that Australians travelling to, from and within the U.S. under the visa-waiver program *will not* be subject to fingerprinting, at the U.S. border or anywhere else, provided that the deadline is met for the commencement of issue of passports that contain *a*, i.e. *any* biometric;
(3) whether the Australian government has objected, or will object, and in strenuous terms, on behalf of its citizens about the new requirement that visa-applicants submit to fingerprinting and the retention of copies of data arising from their fingerprints.
Thank you for your assistance.
Regards ... Roger Clarke
Fingerprints now required for US visas
http://www.abc.net.au/news/newsitems/s1058776.htm
Last Update: Thursday, March 4, 2004. 12:43pm (AEDT)
United States consulates in Australia have begun taking fingerprints from Australians applying for visas.
The embassy says the use of two fingerprints on visas adds to the international program of biometric face recognition being put into new passports.
Australia's US consular coordinator Sylvia Johnson says the identity of Australian visa holders will be checked against a data base of the electronic fingerprints when they arrive in America.
"I can say the US Government is very strict and really protects the privacy of the information that they store on individuals, whether they are citizens of not. The US data bases are very, very closely held," she said.
Holiday airline refuses to fly air marshals
The Sydney Morning Herald
January 7, 2004
http://www.smh.com.au/articles/2004/01/06/1073268041533.html
Original story Reuters, Agence France-Presse, Los Angeles Times
... The airline's announcement came as the US began fingerprinting and photographing visitors from all but 27 countries - including > Australia - in an unprecedented effort to prevent potential terrorists from slipping into the US by plane or ship. Canadians are also exempt but fall under special immigration rules.