Feds concealing from public
data on airport scanner risks
Electronic Privacy Information Center
EPIC has challenged two decisions by a federal district court which
allow the Department of Homeland Security and the Transportation
Security Administration to withhold factual information about airport
body scanners, including test results, fact sheets, and estimates of
radiation risks. In the opening brief to the court, EPIC argued that
federal agencies may not withhold factual information under the
"deliberative process privilege" in the Freedom of Information Act.
EPIC maintained that "under the standard adopted by the lower court,
not only would the judgment of agency officials be exempt, but so too
would reports or studies of any significance."
The challenge combines two separate cases EPIC appealed to the DC
Circuit. EPIC filed a motion to consolidate both appeals because they
raise substantially similar legal issues. EPIC then presented the issue
of whether the lower court erred in failing to apply the "inextricably
intertwined" test before determining that records could be withheld in
full despite containing non-deliberative and factual materials normally
released under the Freedom of Information Act.
The two cases combined in EPIC's appeal also include a case against the
Department of Homeland Security. That FOIA lawsuit sought records on
the radiation risks posed by body scanners. The other FOIA lawsuit,
against the Transportation Security Administration, sought to obtain
agency records that detailed the operation and capabilities of the
"Automated Targeting Recognition" software used on body scanners.
According to the government Automated Targeting Recognition software
allows TSA agents to see only a generic human image rather than the
traveler's naked body. After several EPIC lawsuits and an act of
Congress, TSA was required to adjust the devices to produce only
generic images. However, earlier in 2013 the TSA was finally forced
to unplug and box up the backscatter x-ray body scanners after the
agency could not meet the Congressional mandate. The TSA was also
required to take public comments on the use of body scanners after
EPIC sued the agency for the unilateral decision to make body
scanners the primary screening technique in US airports -
a rule change that violated the Administrative Procedures Act.
EPIC: EPIC v. DHS ? Body Scanner FOIA Appeal
http://epic.org/foia/dhs/
EPIC: Opening Brief in EPIC v. DHS (Oct. 1, 2013)
http://epic.org/redirect/
EPIC: EPIC v. DHS ? Full Body Scanner Radiation Risks
http://epic.org/redirect/
EPIC: EPIC v. TSA ? Body Scanner Modifications (ATR)
http://epic.org/foia/tsa/atr/
EPIC: Comments to TSA re: Passenger Screening Using AIT (June 24, 2013)
http://epic.org/privacy/body_
DC District Ct.: Decision in EPIC v. DHS (Scanners) (Mar. 7, 2013)
http://epic.org/privacy/body_
DC District Ct.: Decision in EPIC v. DHS (PowerPoint) (Mar. 7, 2013)
http://epic.org/privacy/body_
EPIC: Initial Documents from DHS re: Body Scanners (Feb. 11, 2013)
http://epic.org/foia/dhs/usss/
EPIC: EPIC v. DHS: Suspension of Body Scanner Program
http://epic.org/redirect/
Whole Body Imaging Technology and Body Scanners
http://epic.org/privacy/
No comments:
Post a Comment