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Join Us At 0900ET, Friday, 4/10, for the LIVE Morning Brief.
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Wed, Feb 26, 2003

Airline PAX Can Now Be Treated Like Suspected Terrorists

OK, folks... as of this week, DOT has implementing a new System of Records, designated as "DOT/TSA 010" under the Privacy Act of 1974, with unprecedented, far-reaching power. The system will be used to "facilitate the conduct of an aviation security-screening program, including risk assessments to ensure aviation security."

Under this system, all airline passengers will apparently be classified as terrorist suspects. That means that every airline passenger will be subjected to the collection of their personal data--which might otherwise have required a court order. The rule makes them subject to revocation of their right to be hired or retain employment, the issuance of a security clearance, a license [Yes... YOUR PILOT's LICENSE may be at risk!], contract, grant, or other benefit. This process can be undertaken without their knowledge or consent.

This new action applies to "Individuals traveling to, from, or within the United States (U.S.)
by passenger air transportation; individuals who are deemed to pose a possible risk to transportation or national security, a possible risk of air piracy or terrorism, or a potential threat to airline or passenger safety, aviation safety, civil aviation, or national security." Mind you; that can be just about anyone...

The records to be collected include "Passenger Name Records (PNRs) and associated data; reservation and manifest information of passenger carriers and, in the case of individuals who are deemed to pose a possible risk to transportation security, record categories may include: risk assessment reports; financial and transactional data; public source information; proprietary data; and information from law enforcement and intelligence sources."
Mind you; that can be just about anything.

The scope of the system is amazing, and the duration is even more ponderous... "For individuals who are deemed to pose a possible risk to transportation security, TSA is requesting that those records may be maintained for up to 50 years. For all other individuals, those records will be purged after completion of the individual's air travel to which the record relates." Mind you; individuals who may pose a security risk can (again), be just about anybody... especially to the TSA.

How do you know if you're on the list and what measures have been provided for the public to see what's been recorded about them?

None.

"Pursuant to 5 U.S.C. 552a(k), this system of records may not be accessed for purposes of determining if the system contains a record pertaining to a particular individual." Worse, the system, "contains investigative material compiled for law enforcement purposes whose sources need not be reported."

OK... what can these records be used for? There is a long list of accesses and purposes assigned to this system, but if we're reading this right, this extraordinary database can be used to issue (or not) a security clearance, hire (or fire) someone, grant (or not) a license and a whole lot more... and you'll never know it.

Click the link below, read the rule and let us know what you think.

FMI: http://edocket.access.gpo.gov/2003/03-827.htm

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