San Francisco - The Electronic Frontier Foundation (EFF) has asked the Department of Transportation to withdraw plans exempting the controversial Aviation Security Screening Records (ASSR) passenger screening database from important Privacy Act procedural safeguards.
The ASSR System appears to be a portion of CAPPS II, the controversial project now being tested by Delta Airlines prior to deployment across all airlines. The proposed ASSR system will aggregate personal data collected through public records and private sector databases for use by the Transportation Security Administration (TSA).
EFF's comments express concerns that the ASSR system will lead to the creation of extensive, secret files about all U.S. citizens and the travelling public and that these secret files may be used to deny individuals the right to travel and for other purposes.
By excluding the ASSR system from the Privacy Act, the TSA could deny travelers permission to fly based on potentially inaccurate information that the travelers have never had an opportunity to review and correct.
EFF has previously filed comments with the Department of Transportation, outlining the serious privacy and civil liberties deficiencies with the proposed ASSR system, which would compile "risk assessment reports, financial and transactional data," public records, and private sector data.
In comments filed late Friday, EFF, together with cosigners Privacy Activism, the Privacy Rights Clearinghouse, C.A.S.P.I.A.N., and Michael Stollenwerk, opposed the Department of Transportation's proposed exemption of the entire system of ASSR records from the procedural protections of the Privacy Act on the grounds that it is dangerously overbroad, unjustified under the relevant Privacy Act provisions, and raises significant concerns for individuals' privacy, civil liberties, and the Constitutionally-guaranteed right of freedom to travel.
"Under the proposed exemption, individuals would have no way of learning that the Transportation Security Administration is holding personal records about them, and would have no access to review or correct that information if it's wrong or outdated," noted EFF Staff Attorney Gwen Hinze. "The exemption TSA proposes would completely eliminate all the important safeguards for individuals' privacy that the Privacy Act was passed to protect."
Senior Staff Attorney Lee Tien added, "We are extremely concerned about the creation of a centralized database that will contain such extensive personal information with virtually no procedural safeguards and a significant potential for serious misuse."
For this release:
http://www.eff.org/Privacy/TIA/20030318_capps_pr.php
Current EFF and cosigner comments on TSA/CAPPS II:
http://www.eff.org/Privacy/TIA/20030314_cappsII_comments.php
Prior EFF and cosigner comments on TSA/CAPPSII:
http://www.eff.org/Privacy/TIA/20030314_dot_analysis.php
Department of Transportation's proposed exemption notice:
http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-828.htm
Boycott Delta Website objecting to Delta's leading
participation in CAPPS II:
http://www.BoycottDelta.org/
Lee Tien
Senior Staff Attorney
Electronic Frontier Foundation
tien@eff.org
+1 415 436-9333 x102 (office)
Gwen Hinze
Staff Attorney
Electronic Frontier Foundation
gwen@eff.org
+1 415 436-9333 x110 (office)
The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression and privacy online. EFF is a member-supported organization and maintains one of the most linked-to websites in the world at http://www.eff.org/
