Letter
15 December 2006
ACTE Asks Department of Homeland Security to Halt Automated Targeting System (ATS)
-- DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
Docket No. DHS–2006–0060 Privacy Act System of Records Notice
Automated Targeting System
The Association of Corporate Travel Executives (ACTE) -- representing the business travel interests of major corporations in 49 countries, 53 percent of which are based in the United States -- is seeking the immediate suspension of the data mining endeavor known as the Automated Targeting System (ATS), pending further congressional hearings. The ATS negatively impacts all international business travelers, who are ACTE’s main constituency, representing an estimated $120 billion dollars in annual business travel expenditures.
ACTE has been raising its concerns regarding data mining for over 4 years. On February 23, 2003, 82 percent of ACTE U.S.-based constituency opposed the development and deployment of the Computer Assisted Passenger Prescreening Program System II (CAPPSII) on the grounds that business travelers would not have access to information that could place them on the “No Fly” list indefinitely. The same issue resurfaced the following year, when 95 percent of our U.S. membership stated that not having access to critical data that could label travelers as security risk was wholly unacceptable. Last year, ACTE reiterated that position when it was learned that a mega-data base of travelers was being compiled, and that the DHS had asked that this data base be exempted from two provisions of the Privacy Act of 1974. These are the rights of an individual to access this data, and correct discrepancies.
ACTE’s message is clear: any government proposal to mine data on travelers -- regardless of the program’s name -- and possibly to deny individuals access to that data is unacceptable. It is troubling that this process was developed during the last four years, when congress and corporate America showed no support for programs of this nature.
ACTE is specifically opposed to ATS because:
• Circumvents key elements the Privacy Act of 1974;
• Data (as we understand it) may not be accessible to U.S. citizens but is available to foreign governments, third parties, and employers;
• Will assign a “secret risk assessment” to each traveler;
• Will retain this data for 40 years; and
• Virtually no details about this program are available.
It is disturbing that there are people on the “No Fly” list who will be listed forever because their names are similar to those of suspected terrorists and/or criminals. What will happen when innocent travelers are assigned a potential “risk assessment” that they know nothing about? A “risk assessment” value that could dramatically affect their careers and lives,
ACTE has always argued that a redress procedure must be an essential part of any government security program. Adequate redress options have been absent in CAPPSII, Secure Flight, the Registered Traveler Program, and now the Automated Targeting System.
While ATS is undoubtedly raising red flags among privacy advocates and other groups that question the legality and intent of such programs, ACTE is primarily concerned with the economic impact this initiative will have on the business travel community. Delays, missed flights, canceled meetings, and potential arrest will generate staggering costs. In an ACTE survey dating to 2004, 97 percent of respondents stated that programs like this will have a negative impact on travel. This could very well be the impetus for businesses to full explore alternatives to travel.
In conclusion, the Association of Corporate Travel Executives is calling for the immediate suspension of the Automated Targeting System, and for congressional hearings on this program and any others like it (i.e. Secure Flight and Registered Traveler) to answer any outstanding questions and procedures -- long before they are implemented.
December 4, 2006
Respectfully submitted,
Greeley Koch
President
Association of Corporate Travel Executives
515 King Street, Suite 440
Alexandria, Va 22314
703-683-5322