September 25, 2003 Letter to TSA FOIA Director Riep-Dice
PO Box 8208
Alexandria, VA 22306-8208
September 25, 2003
TSA FOIA Director Riep-Dice
Director Freedom of Information & Security Review
Department of the Army
Dear Director Riep-Dice:
Attention:
This is a request pursuant to the Freedom of Information Act (FOIA, 5 U.S.C. § 552) and the Privacy Act (5 U.S.C. § 552a), for all agency records regarding access and/or use of JetBlue Airways passenger data indexed or maintained under my name or identifying information in connection with various security systems (henceforth referred to as “My Data,” or “Data about Me”). This request includes, but is not limited to, letters, correspondence, tape recordings, notes, data, memoranda, reports, email, computer source and object code, technical manuals, technical specifications, or any other materials held by the United States Transportation Security Administration (TSA), the U.S. Department of Defense (DoD) and/or the U.S. Department of the Army.
This request includes, but is not limited to records regarding access and/or use of My Data in connection with Torch Concepts’ Homeland Security Airline Passenger Risk Assessment (APRA) program as well as access and/or use of My Data in connection with the Computer Assisted Passenger Prescreening System II (CAPPS II).
This request includes, but is not limited to, records regarding:
1) What Data about Me has been obtained;
2) The types of Data about Me that have been obtained;
3) Whether My Data is contained in any personal information databases related to systems such as CAPPS II or APRA; 4) How My Data was obtained, including, but not limited to:
a) how My Data was selected for use in the relevant security systems
b) any agreements and/or contracts to obtain my personal data,
including, but not limited to, those with JetBlue and or Acxiom Corporation (Acxiom)
c) any requests by the TSA, the DoD and/or the Army for such information;
5) How My Data was used, including, but not limited to:
a) any procedures for analyzing My Data
b) any procedures for cross-referencing My Data with data obtained from non-JetBlue sources such as Acxiom
c) the results of any tests, including, but not limited to any logs or other written descriptions of how any such systems is and/or has been used
d) the accuracy rates of any such systems while in operation and assessments of me
e) the retention of My Data, including, but not limited to retained records or results
f) how any of My Data will be destroyed, and documentation of any policies permitting such destruction
g) any procedures in place to protect my privacy
h) a complete list of all recipients of My Data.
I request a fee waiver pursuant to 5 U.S.C. § 552(a)(4)(A)(ii) & (iii), 68 Fed. Reg. 4063 and DoD Directive 5400.7 C 6.1.4.3.1 because the subject matter of the requested records concerns the operations and activities of the Federal government, the disclosure is likely to contribute to an understanding of Federal government operations or activities, disclosure of the requested information is in the public interest, the contribution to public understanding of Federal government operations or activities will be significant, and I do not have a commercial interest that would be furthered by the disclosure of the requested information. Note the considerable amount of press coverage regarding this issue, which is a clear indication that disclosure is likely to contribute significantly to public understanding of government operations or activities. (See, e.g., Philip Shenon, JetBlue Gave Defense Firm Files on Passengers, N.Y. TIMES, Sept. 20, 2003; Christian Murray, JetBlue Handed Over Passenger Itineraries, NEWSDAY, Sept. 20, 2003; Ryan Singel, JetBlue ‘Fesses Up, Quietly, WIRED NEWS, Sept. 19, 2003; JetBlue Gives Away Passenger Info To TSA? SLASHDOT, Sept. 18, 2003; Ryan Singel, JetBlue Shared Passenger Data, WIRED NEWS, Sept. 18, 2003; Cynthia L. Webb, Government IT Review, WASHINGTONPOST.COM, Sept. 18, 2003; Ryan Singel, JetBlue Data to Fuel CAPPS Test, WIRED NEWS, Sept. 16, 2003.) Any delays in responding to this request for records would compromise a significant recognized interest to and throughout the American general public.
If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of FOIA and the Privacy Act. I expect you to release all segregable portions of otherwise exempt material, and I wish to have copies made and furnished of all such material. I reserve the right to appeal your decision to withhold any information or to deny a waiver of fees.
I look forward to your reply within twenty working days, as required under 5 U.S.C. § 552(a)(6)(A)(i), 68 Fed. Reg. 4059 and DoD Directive 5400.7 C 1.5.4.1.
Sincerely,
James Landrith