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July 22, 2005  
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SENATORS COLLINS AND LIEBERMAN CRITICIZE TSA FOR VIOLATING PRIVACY LAWS WHILE TESTING PASSENGER PRESCREENING SYSTEM
GAO findings conclude TSA failed to comply with Privacy Act
 
Washington, DC - Senators Susan Collins (R-ME) and Joseph Lieberman (D-CT) today criticized the Transportation Security Administration (TSA) for failing to meet basic Privacy Act requirements in carrying out testing of the Secure Flight program, which is an airline passenger prescreening system aimed at identifying known or suspected terrorists. The Senators wrote a letter to Department of Homeland Security (DHS) Secretary Michael Chertoff to express their concern about the way TSA has administered the program to date, and urged that he pay careful attention to the program as it goes forward. TSA is the agency under DHS that is responsible for creating a prescreening system to check airline passengers’ names against terrorist watch lists. Senator Collins is the Chairman and Senator Lieberman is the Ranking Member of the Senate Homeland Security and Governmental Affairs Committee, which has oversight of DHS.

The Government Accountability Office (GAO) today released findings that during TSA’s testing of the Secure Flight program it violated passengers’ privacy rights when it “collected and stored commercial data records even though TSA stated in its privacy notices that it would not do so.”

“We understand that, in response to GAO’s assertions, TSA took corrective actions to inform the public of its actual test protocols through updated Privacy Notices. However, that action does not excuse TSA’s failure to meet basic Privacy Act requirements in carrying out this program,” wrote Senators Collins and Lieberman. “Given fundamental concerns surrounding the government’s use of personal information and the unfortunate history of TSA’s passenger prescreening program, careless missteps such as this jeopardize the public trust and DHS’ ability to deploy a much-needed, new system.”

The following is the full text of the letter:

Dear Secretary Chertoff:

Today, the Government Accountability Office (GAO) released its findings on the Transportation Security Administration’s (TSA) Secure Flight Test Records privacy notices. We are writing to express our concerns over these findings and our continued interest in deployment of a more effective passenger prescreening system that incorporates privacy principles.

In a letter to Congressional requesters, GAO stated that TSA failed to comply fully with the Privacy Act when it “collected and stored commercial data records even though TSA stated in its privacy notices that it would not do so.” The GAO further described how a TSA contractor obtained more than 100 million records from commercial data aggregators, and supplemented passenger name records (PNR) obtained from airlines with personal information contained in the commercial data, though TSA “did not identify [in its privacy notices] its plans to supplement PNR data with commercial data.” The GAO also noted that TSA’s initial privacy notices “did not fully inform the public of: (1) the subjects of data collection, (2) the types of personal data to be collected, (3) the full purpose of collecting the data, (4) policies and practices regarding storage and maintenance of the data, and (5) how those subject to having data collected could access and amend their data.”

As the GAO explains in its letter report, the Privacy Act, which is based on internationally recognized fair information practices, is intended to allow citizens “to learn how their personal information is collected, maintained, used and disseminated by the federal government.” We understand that, in response to GAO’s assertions, TSA took corrective actions to inform the public of its actual test protocols through updated Privacy Notices. However, that action does not excuse TSA’s failure to meet basic Privacy Act requirements in carrying out this program.

We urge your continued attention to this important program, and we commend GAO for its efforts. Given fundamental concerns surrounding the government’s use of personal information and the unfortunate history of TSA’s passenger prescreening program, careless missteps such as this jeopardize the public trust and DHS’ ability to deploy a much-needed, new system.
 
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July 2005 Press Releases
June   August   --   2004   2006  
 
July 27 - Senate Homeland Security Leaders Call For Increased Mass Transit Security Funding

 
July 27 - Mining Reclamation is Poorly Managed By BLM

 
July 22 current Press Release

 
July 22 - Senators Collins, Lieberman Launch Investigation Into Mass Transit Security In the U.S.

 
July 22 - Lieberman Disagrees With Decision On Air Traffic Specialists

 
July 21 - Lieberman Says BLM Disregards Its Obligation To Protect the Environment From Oil and Gas Drilling Damage

 
July 20 - LIEBERMAN EXPECTS MORE FROM DHS CYBERSECURITY EFFORTS

 
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July 12 - LIEBERMAN CALLS ON CONGRESS/ADMINISTRATION TO BETTER FUND A RANGE OF HOMELAND SECURITY NEEDS

 
July 12 - SENATE APPROVES COLLINS-LIEBERMAN FIRST RESPONDER GRANT FORMULA, DOUBLES RISK-BASED HOMELAND SECURITY FUNDING

 
July 11 - SENATORS COLLINS & LIEBERMAN OFFER FIRST RESPONDER GRANT LEGISLATION AS AMENDMENT TO HOMELAND SECURITY APPROPRIATIONS BILL

 
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July 10 - SENATORS COLLINS & LIEBERMAN RELEASE FINDINGS AND RECOMMENDATIONS TO IMPROVE SAFEGUARDS IN FEMA'S DISASTER RELIEF PROGRAM

 
July 8 - DODD, LIEBERMAN URGE DHS TO EXPEDITE DISTRIBUTION OF RAIL AND TRANSIT SECURITY FUNDS
 

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