TSA says their sniffer dogs can't be photographed
May 2, 2016, 11:13 am
#61
Join Date: Sep 2003
Location: Houston
Posts: 8,956
Wouldn't TSA's sharing of actual SSI information to a non-covered person be a violation of TSA's security policies?
INAL but have been told that statements found on letters and such to the effect that "the information contained in this document cannot be shared and if you are not the intended recipient you must return or destroy" are not binding on the person if they received the document inadvertently. If I am correct that if TSA sent anything marked SSI to any anyone inadvertently the language of SSI or what have you creates no liability on the part of the receiver.
INAL but have been told that statements found on letters and such to the effect that "the information contained in this document cannot be shared and if you are not the intended recipient you must return or destroy" are not binding on the person if they received the document inadvertently. If I am correct that if TSA sent anything marked SSI to any anyone inadvertently the language of SSI or what have you creates no liability on the part of the receiver.
May 2, 2016, 11:54 am
#62
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TSA is making one a "covered person" for this purpose. Note the language, "access to the SSI is necessary for the person to prepare a response to allegations contained in a legal enforcement action document issued by TSA”. That is why I specifically asked what facts contained therein were SSI.
May 2, 2016, 12:03 pm
#63
Join Date: Sep 2003
Location: Houston
Posts: 8,956
Covered person includes, "(m) Each person receiving SSI under § 1520.15(d) or (e)."
May 3, 2016, 7:40 am
#64
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When it comes to the TSA SSI material, I'm not currently a "covered person" unless and until another bad ruling/bad appointee hits.
May 3, 2016, 10:12 am
#65
Join Date: Nov 2007
Location: WAS
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Thank you. I just found something similar as I didn't believe the statement was correct:
https://www.tsa.gov/news/testimony/2...eland-security
https://www.tsa.gov/news/testimony/2...eland-security
TSIs are not LEOs with powers of arrest (with or without a warrant) and authorized to use force in the prevention or apprehension of persons (which, along with being an employee/agent of the government and other factors, is the typically/commonly understood meaning of a LEO) for violations of criminal law. As such, TSIs are not authorized for (i.e., not covered by) the aforementioned programs and benefits that were noted in the links you found. An entire thread could be started regarding Title 5, and categorization of rigorous (primary) or secondary duties, for law enforcement, etc., but I dont want to go all OMNI on everyone.
TSIs are, however, government agents (employees) authorized to conduct civil law enforcement and responsible for performing compliance enforcement duties. Examples of other types of "civil" LEOs are federal and state prosecutors, NTSB investigators, correctional officers, certain OIG Investigators, and many others. In fact, many sworn officers of federal police agencies (GPO, FPS, DOD, some Secret Service police, and many others), while federal employees with powers of arrest and authorized to use force in the performance of their law enforcement duties, are NOT covered LEO positions eligible for LEO programs and benefits.
In short, TSIs are LEOs if not necessarily in the commonly understood usage of the term.
As an aside - in TSA, pretty much only FAMs and certain investigators in the Office of Inspections do have powers of arrest and are armed.
Last edited by Section 107; May 3, 2016 at 10:20 am
May 3, 2016, 3:46 pm
#66
FlyerTalk Evangelist
Join Date: Mar 2002
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Covered person includes, "(m) Each person receiving SSI under § 1520.15(d) or (e)."
May 3, 2016, 4:44 pm
#67
Join Date: Sep 2003
Location: Houston
Posts: 8,956
Covered person includes, "(m) Each person receiving SSI under § 1520.15(d) or (e)."
For example, the definition of a covered person includes someone who the "TSA or the Coast Guard may provide SSI to a person in the context of an administrative enforcement proceeding when, in the sole discretion of TSA or the Coast Guard, as appropriate, access to the SSI is necessary for the person to prepare a response to allegations contained in a legal enforcement action document issued by TSA or the Coast Guard."