EFF fights US gov over flight passenger data

By Matt Whipp

Posted on 22 Nov 2006 at 11:20

The Electronic Frontier Foundation (EFF) has filed suit against the US Department of Homeland Security (DHS) over the gathering of data on passengers taking flights between Europe and the US.

The civil rights body had asked the DHS for records on how the process is handled, including how the data is maintained, used, disclosed, and secured, under the Freedom of Information Act. However, the DHS failed to respond to the request.

The complaint alleges that EFF has 'exhausted all applicable administrative remedies,' and that the DHS has 'failed to disclose any records' in response, violating the 20-day statutory time limit.

It asks for the court to order the DHS to disclose the records in a timely manner and that its legal fees be reimbursed on top of whatever other relief is granted by the court.

This latest agreement over collecting airline passenger data comes just months after a less invasive arrangement was thrown out by the European Court of Justice in May.

'Travelers may give up a lot of personal information when they make flight reservations,' said EFF Staff Attorney Marcia Hofmann. 'Those traveling between Europe and the United States deserve to know who gets to see that data, how the information is protected, and whether those practices comply with EU law.

'When federal agencies don't comply with the FOIA's requirements, they may conceal activities and programs that raise serious legal issues and put Americans' privacy at risk... The Department of Homeland Security must abide by the law and give the public information about the new passenger data agreement.'

For more information, visit the EFF website.