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Old Aug 26, 2016 | 2:57 pm
  #23  
saizai
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Join Date: Dec 2010
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FWIW, for my own CCTV FOIAs, I send it to each of (a) TSA itself, [email protected], (b) the airport authority, and (c) the airport police. (a) is under federal FOIA / Privacy Act; b & c are under those plus state equivalents.

Sending a formal request to all of the above — not just copying them as an FYI — makes sure that they don't get to play hide the ball by saying "we don't have it" when it's one of the others that (in their view) technically has possession — and simultaneously ensures that they're all on notice for the preservation requirement.

However, 107 is absolutely correct that if you want CCTV, you should always ask the airport operator for it. TTBOMK they are always the ones that originally control the record. That doesn't mean that TSA itself isn't also responsible for coughing it up on a FOIA — they are, and IME have done so (eventually, post litigation) when the airport wasn't cooperative.

The reason is more banal: TSA FOIA takes months to years in the best case, and you need everything preserved ASAP to make sure it's not deleted before they get around to it. Even if the airport operator won't give it to you (BOS won't, e.g.), the fact that it was requested and that you asked them to preserve it makes it their fault if they fail to do so, rather than a giant shrug because the people with the tapes didn't get the message in time.
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