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-   Checkpoints and Borders Policy Debate (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate-687/)
-   -   TSA tracking opt-outs? (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/1397525-tsa-tracking-opt-outs.html)

romabit Oct 14, 2012 11:30 pm

TSA tracking opt-outs?
 
I'm wondering if anyone else has had the experience of having to provide your name or boarding pass to be recorded in a log book after opting out with a private screening? No anomalies detected, no issues or problems from me, but I was detained until I provided my boarding pass in one instance, and in another I was allowed to leave without providing my information to be recorded in the log. This has happened both times I've opted out this month, but never before in dozens of trips this year.

I asked what it was used for ("nothing" in both cases), why it was needed ("just policy") and who had access to it ("no one...just us"). I was respectful as usual up to that point. I asked to see the policy or for the name of the policy ("that will take a long time. Can I see your boarding pass, m'am?" while taking a defensive posture and blocking my passage to the terminal).

I filed complaints all over the place and still no one has been able to clarify this "policy". I am not ready to name the airports here but one was in Hawaii and one was in Tennessee, one was a regional airport and one was an international airport, both were domestic flights. After reading the forums perhaps I should have requested an LEO after the supervisor could not answer my questions and refused to let me go.

janetdoe Oct 14, 2012 11:48 pm

I haven't needed to opt out during the time frame you mentioned, but prior to that, I have opted out numerous times with no one requesting my personal info.

I think there was some buzz about recording names when people first started opting out, and it would be annoying / alarming if TSA were implementing this process.

I think the standard response is, "Before I give you any information, I need a Privacy Act notice that specifies your legal authority for collecting this information, how you plan to use this information, and whether disclosure in voluntary or mandatory." They won't have one to give you. Then escalate, escalate, escalate until you get to someone who will let you opt out without surrendering personal information.

http://www.dhs.gov/xlibrary/assets/p...uidance_e3.pdf

romabit Oct 15, 2012 2:36 am

Thanks, this is very helpful. If I ever get a response from the filed complaint, I'd like to request this. I plan to pursue it as far as it takes to get the practice changed.

GUWonder Oct 15, 2012 4:17 am

I have only once known a passenger being asked to present ID and boarding pass just because of opting out from the strip search machine searches of the body.

I haven't had to opt-out in the past several weeks, so I have no additional experience to share in that regard; nor have I asked anyone who may be aware of such a change of policy/practice.

cottonmather0 Oct 15, 2012 4:45 am

I haven't seen that yet myself, but I would push back hard if asked. Very hard.

FLgrr Oct 15, 2012 5:16 am

I always opt out, so far never asked. Since my ID and boarding pass are packed away, when do they expect me to show my this stuff?? Before the pat down? None of mine require a private screening. I take my molestation in public. Kind of makes sense to log the private screenings. Then you have a record of who was taken to the backroom so they cant claim they were taken. IF it is not in the log, something is really wrong.

FliesWay2Much Oct 15, 2012 7:30 am


Originally Posted by janetdoe (Post 19497122)
I haven't needed to opt out during the time frame you mentioned, but prior to that, I have opted out numerous times with no one requesting my personal info.

I think there was some buzz about recording names when people first started opting out, and it would be annoying / alarming if TSA were implementing this process.

I think the standard response is, "Before I give you any information, I need a Privacy Act notice that specifies your legal authority for collecting this information, how you plan to use this information, and whether disclosure in voluntary or mandatory." They won't have one to give you. Then escalate, escalate, escalate until you get to someone who will let you opt out without surrendering personal information.

http://www.dhs.gov/xlibrary/assets/p...uidance_e3.pdf

You can also add that, if they are compiling an unauthorized database containing personnally identifiable information (PII -- you can throw that term at them), this is illegal and they can be arrested. The CFR states the maximum fine and jail time, and it's not insignificant.

tkey75 Oct 15, 2012 9:36 am

This has happened to me this past January departing LIH. I can't find the post but wrote a detailed report that's in here somewhere. Opted out, was asked for my BP and ID as the clerk took out a clipboard stated due to opt-out he would record my info. In a nutshell it took about 20 mins to exit the checkpoint into the terminal, and no, they did not get my info recorded.

reamworks Oct 15, 2012 11:29 am

I opt out every time, at least 6 screenings/month, and they've never asked me my name. However, just last week they did ask my why I opted out. I declined to answer. They haven't asked this question in a while

mikeef Oct 15, 2012 1:18 pm


Originally Posted by janetdoe (Post 19497122)
I haven't needed to opt out during the time frame you mentioned, but prior to that, I have opted out numerous times with no one requesting my personal info.

I think there was some buzz about recording names when people first started opting out, and it would be annoying / alarming if TSA were implementing this process.

I think the standard response is, "Before I give you any information, I need a Privacy Act notice that specifies your legal authority for collecting this information, how you plan to use this information, and whether disclosure in voluntary or mandatory." They won't have one to give you. Then escalate, escalate, escalate until you get to someone who will let you opt out without surrendering personal information.

http://www.dhs.gov/xlibrary/assets/p...uidance_e3.pdf

Exxxxxcellent, Smithers. Another form to carry for my ever-growing army of the undead pile of protective legalese.

The only time I have ever been asked for ID and BP was when I once requested a complaint form. This was back in my salad days, so I gave it to them. Now, I just pull from my stack.

Mike

Superguy Oct 15, 2012 1:23 pm

I've never been asked for ID for opting out.

FearFree Oct 15, 2012 1:43 pm


Originally Posted by reamworks (Post 19499631)
I opt out every time, at least 6 screenings/month, and they've never asked me my name. However, just last week they did ask my why I opted out. I declined to answer. They haven't asked this question in a while

Never asked for ID, but I seem to get asked this one almost 50% of the time at SFO. I used to give my explaination, now I just decline to answer.

tkey75 Oct 15, 2012 1:55 pm


Originally Posted by janetdoe (Post 19497122)

I think the standard response is, "Before I give you any information, I need a Privacy Act notice that specifies your legal authority for collecting this information, how you plan to use this information, and whether disclosure in voluntary or mandatory."

Yeah, I used this line. And was met with the blankest stare I ever got in my life.

janetdoe Oct 16, 2012 12:29 pm


Originally Posted by tkey75 (Post 19500630)
Yeah, I used this line. And was met with the blankest stare I ever got in my life.

That doesn't surprise me in the least. :D Glad you were able to get through without providing your info!

I can report a normal opt-out at DCA this weekend with no request for ID.

tkey75 Oct 17, 2012 4:10 pm


Originally Posted by mikeef (Post 19500358)
Now, I just pull from my stack.

Mike

Ahh, comment cards. Don't leave home without 'em.

Bonus fun is submitting one to a checkpoint that doesn't use/have them! "I always carry them for just such a situation." came from my mouth just last week ;)


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