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Is Opt-Out from Whole Body Scanner Possible in Pre-Clearance Security Area?

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Is Opt-Out from Whole Body Scanner Possible in Pre-Clearance Security Area?

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Old Nov 10, 2015, 9:41 am
  #1  
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Join Date: Nov 2010
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Is Opt-Out from Whole Body Scanner Possible in Pre-Clearance Security Area?

Yesterday, I was horrified to find a whole-body Scanner in the security area of the US Pre-Clearance area of the Dublin Airport (DUB). I was fortunately able to SDOO. The other lane did not have a WTMD or any additional security besides an x-ray machine for baggage and shoes, which made the setup seem strange.

1. Is it possible to opt-out in this area?

2. Who operates this area? I was not sure whose laws that this falls into. This was in Ireland, so it should be under the EU, but perhaps it is under US law as it is a US pre-clearance area. Does this fall under the jurisdiction of CBP? Under a private security contractor? The person managing the x-ray belts was not wearing the same uniform as the CBP person checking passports and asking about baggage.

3. Is this considered a Customs check? Is it considered an airport security check?

I am not sure how to find the answer to these questions, but any help that could be provided would be greatly appreciated.

Last edited by TWA884; Apr 20, 2023 at 5:36 pm Reason: Inappropriate term for the practical TS/S forum
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Old Nov 11, 2015, 12:55 am
  #2  
 
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Security is handled by Dublin Airport and is not the purview of CBP. Indeed, CBP actually requires a certain enhanced suspicion before they entertain any sort of strip search, and pre-clearance zones generally don't even allow that.

The rules regarding opt-out would be governed by Irish and EU law. EU law bans the practice of forced NOS scanning, though the UK did refuse to comply with the law for some time. I don't believe Ireland ever did refuse to comply.
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