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.

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

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.

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.

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

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.

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.

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.

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

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

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

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.

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.

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 ;)

nothing to fear
 

Fine work, tkey. . . and if they seem worried, as a good, patriotic American, you can remind them that "if you've done nothing wrong, you have nothing to fear."

I don't get asked, but I volunteer the information; I have nothing to hide.

Depending on the clerk, I say:

Those things cause brain damage

or

Those things cause obesity

or

In addition to causing cancer, those things cause brain damage and obesity.

Melanoma is not trivial. Works for me. There's always the "wait here" and the answer is "not in the scatter zone, thank you very much. " and if its a female, "children in your future?"

I once said to a female clerk at Dulles after she told me the Cancer Box was perfectly safe: "Well, Missy...Have you ever watched someone die of cancer?" Yes, I called her "missy."

I opted out at ORD and DEN last week. No recording of info. DEN did say "it'd be faster if you just went through" I just said "I know"

My answer at SFO used to be "privacy". With ATR the answer is now "I don't want to be scanned". Soon the answer will be "because I didn't get LLL from Precheck". :o

Last April as I waited for my groper another TSA Himmler asked why I opted out.

"I asked him if he had a dosemeter and he said no. my reply was you must trust your government, I don't."

"Wait for 20 years and ask yourself, as the doctors come at your scrotum with knives in their hands, were these machines really safe?"

He got a really funny look on his face :D

DHS is routinely asked to supply statistics to Congress in response to concerns raised by constituents to Members. TSA therefore conducts random opt out surveys so that approximations can be supplied.

Nobody is required to provide a reason to opt out, but those who do not have to consider that the public is then stuck with the statistics provided by DHS, which indicate that opt outs for non-medical (which aren't really opt outs because they aren't "opts") are infintesimal.

From http://www.justice.gov/opcl/1974crimpen.htm:

"Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000." 5 U.S.C. § 552a(i)(1).

"Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection (e)(4) of this section shall be guilty of a misdemeanor and fined not more than $5,000." 5 U.S.C. § 552a(i)(2).

"Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000." 5 U.S.C. § 552a(i)(3).

However, the citation goes on to say the regulation does not create a right of private action - so you'll have to get the local USADA involved. Yeah, I'm sure he and his staff have a lot of time on their hands...

Even better, from http://www.tsa.gov/privacy-act-faqs:

Does the Privacy Act apply when TSA keeps a record of my personal information?

If you are asked to provide your ID to TSA personnel and they write down your name/personal identifier on a report that we retrieve by your name /personal identifier, we keep that information in accordance with the Privacy Act. In some instances, however, the information may be recorded on a report retrieved by the date, not by personal identifier. In these instances the Privacy Act would not apply.

What are some of the common circumstances under which TSA will collect personal information about a traveler?

Personal information about a traveler may be collected under circumstances such as the following: upon presentation of false or fraudulent identification; upon discovery of a weapon or other unlawful item; after response by law enforcement to handle a disturbance or make an arrest; when a member of the public is injured or sick; when there is a claim of damaged, lost or stolen property; when there is a disputed screening determination, or when there is any incident at the checkpoint for which screeners may make an incident report.


IANAL, but I'm not buying the argument that how data is retrieved (by date or by PII) affects whether or not the collection is covered by the Privacy Act.

Opted out 7 times the past three weeks and was never asked for ID. Would not have given it to them either.

What's going to happen when they refuse to let you pass unless you either A.) get scanned or B.) provide ID before getting groped? I'm talking about getting past the dragon. What if as a condition of even walking through the side door, you have to provide ID?

I always opt out have never been asked for ID or BP. I would have my trip canceled before providing it.

I got asked for my information at LIH after I opted out. Before I knew what was happening he grabbed my boarding pass and wrote down my information. Fortunately, my name is so long that the boarding pass does not even contain my entire first name, let alone with middle name. In addition, his handwriting was so bad it looks like it would be difficult to read my name later. I asked if I were in trouble; he said no. On a side note, he said that about 5 passengers per hour opted out of the MMW. Should I be worried? I don't want it to affect my precheck status.

Nah, you're fine. The reason why we don't provide it is because it's not required as a result of opting out. If it's not required, I'm not doing it. If this involves a 20-minute disagreement with multiple TSOs, I view it as taking one for the team. Many on TS&S hold similar views.

I'm too lazy to search for the post in the opt-out stories thread, but I believe the reason they are doing this in LIH was so they could locate any walk offs in the terminal while waiting for an assist. Supposedly this was to prevent a terminal dump, but I fail to see the logic there. The person who walked away from the checkpoint could have easily passed on or disposed of unsavory objects, so the terminal dump/sweep would likely still take place.

Aside from that "such as" catch all-we-can-do-what-we-want clause, none of these are for opting out. But I'd put money that nobody could answer which method the data was being filed under. And if it's filed/retrieved by date, why include the PII at all?



I opted out twice last week (did not require private screening) and wasn't asked why or to provide ID.

A year or so ago after an opt-out the swab used on her gloves alarmed, so I got the 'take everything out and use a box of swabs' screening (and they did allow me to continue that in public) - and for that they requested my BP, which I did provide. Not sure if I would now -- because it was CLEARLY a false alarm. After the first swab alarmed, she changed gloves again and swabbed the machine and THAT alarmed. They used a different machine for the 'box of swabs' checking.

I get a lot of pushback from the clerks when I ask them to check their new gloves before touching my stuff, but I always insist. This is why.

They asked for my boarding pass at LIH after I tried to opt out but they made it so difficult that I finally went through the MMW in 2011. I'm sure they were logging my name on some sort of list. :(

This year at SFO (the one time I will fly this year because it was necessary), they asked for my boarding pass when I opted out. They wrote it down on some sort of log. Oh well.

Don't plan on flying again for a long time. Bye bye to domestic flights, I'd rather walk or just not go. At least the TSA is helping me save money! :)

Where do I get the most resistance to my opting out from the strip search machines? At AMS when flying on US airlines to the US. They even have brochures saying that opting out is allowed -- and those brochures aren't supplied by the TSA despite the TSA putting on the hard sell for those obsolete pieces of junk at AMS which the TSA wants used to strip search passengers.