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ACTE PRESS RELEASE
For Immediate Release
ACTE President: No Privacy Act Exemptions for Mega DHS Database
Alexandria, VA (May 19) -- The Association of Corporate Travel Executives
(ACTE) is opposing a new proposal by the Department of Homeland Security to
exempt parts of a vast new database -- the Homeland Security Operations
Center Database -- from significant provisions of the Privacy Act of 1974.
These provisions guarantee individuals the right to see the information that
has been collected in their file and to rectify any errors.
It also guarantees that the agency using the information would assume the
responsibility of ensuring that it is reliable and would only be used for a
specific purpose.
"Exempting this database from these provisions means that travelers would
have no recourse to examining the information that could be used to identify
them as potential terrorists, nor the option of getting erroneous
information corrected," said ACTE President Greeley Koch. "Are we to assume
that no errors are made in federal records?This comprehensive database will
be an essential tool in confirming the identities of millions of travelers.
ACTE members have already expressed their dissatisfaction with the
Transportation Security Administration's redress procedures that can take
more than a month to clear travelers from the no-fly list. Exempting this
new database from the Privacy Act will make an unwieldy resolution process
virtually impossible."
Koch added that without the means to correct faulty information, travelers
could spend years defending themselves against erroneous security judgments.
And with identity theft becoming increasingly common, there is a real need
for a process to confirm or deny identity data. No such process would be
offered should this database be exempted from the Privacy Act.
The issue has been sent to the association's Traveler Security Task Force
for further evaluation. The task force has previously stated that security
agencies need to be restricted in the amount of information that can collect
and how it can be used. This position is supported by Privacy Act of 1974.
The Homeland Security Operations Center Database would include:
- intelligence information and other information received from agencies and
components of the federal government
- intelligence information and other information received from foreign
governments, organizations or entities, international organizations
- intelligence information and other information received from state and
local government agencies (including law enforcement agencies), and private
sector entities, as well as information provided by individuals, regardless
of the medium used to submit the information or the agency to which it was
submitted.
- information regarding persons on watch lists with possible links to
terrorism
- the results of intelligence analysis and reporting
- ongoing law enforcement investigative information, information systems
security analysis and reporting; historical law enforcement information,
operational and administrative records
- financial information
- public-source data such as that contained in media reports and commercial
databases as appropriate to identify and assess the nature and scope of
terrorist threats to the homeland, detect and identify threats of terrorism
against the United States, and understand such threats in light of actual
and potential vulnerabilities of the homeland
- data about the providers of information, including the means of
transmission of the data is also retained
"We have lot of questions about this database," said Koch. "The Privacy Act
requires the DHS to explain why this database needs to be exempted. That has
not yet happened. How would conflicting information in the database affect
someone previously cleared for Registered Traveler? This is certainly a
possibility as new information is gathered and processed. Without recourse,
are we to assume that misidentified travelers could be on the 'No Fly' list
forever?"
Based on the available information, ACTE has joined the Electronic Privacy
Information Center (EPIC) in filing commentary opposing this proposed
rulemaking.
Jack Riepe
ACTE Global Communications Director
t: 610-719-8396
c: 610-256-0124
e: [email protected]
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Alexandria, VA 22314
Tel: 1-703-683-5322
Fax: 1-703-683-2720
[email protected]
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