The Transportation Security Administration yesterday disclosed that at least two global distribution systems and four previously unnamed airlines transmitted passenger data to four government contractors to "prove the feasibility of performing a risk assessment for passengers," according to Admiral David Stone, acting TSA administrator. Submitted yesterday, Stone's written comments came in response to written questions posed by the Senate Committee on Government Affairs as part of the nomination hearing to appoint Stone as assistant secretary of Homeland Security in charge of TSA. The revelations renewed concerns in corporate travel circles about how the government and travel suppliers are handling data privacy concerns.
Stone named America West, Continental, Delta and Frontier airlines, as well as the Sabre and Galileo GDSs, and "possibly Apollo," as those who passed along passenger information in 2002 and 2003.
American Airlines
(BTN, April 12) and JetBlue Airways
(BTN, Oct. 6, 2003) previously acknowledged sending data to government contractors. Northwest Airlines early this year also was forced to admit it transmitted passenger information to NASA in September 2001
(BTN, Feb. 9).
In most cases, the federal government or its contractors requested from airlines passenger information as part of its efforts to develop the second-generation Computer Assisted Passenger Pre-Screening Program. CAPPS II has drawn fire from privacy advocates and others questioning the viability, necessity and usefulness of such a system.
"This confirms concerns we have voiced all along about data privacy in security systems and how they are developed," said a National Business Travel Association spokesperson. "This is just one more example and one more reason to support TSA's Registered Traveler program--if it works--because it's voluntary."
"I understand the need for the information, and I do not have a major problem with it from a security standpoint," said Robin Buzzeo, corporate travel manager at Taro Pharmaceutical Industries. "But it would be nice if the airlines and GDSs had been more forthcoming. We are partners, and we have agreements. This is like a breach of trust."
Tom Barrett, American Standard Companies global strategic sourcing director, was less concerned. "Nobody in our organization has been harmed by any of this, and, at this point, I believe what has been done was in good conscience to protect the homeland," he said. "But yes, we are still working through the mechanics of these issues."
Sen. Susan Collins (R-Maine), chair of the Senate Committee on Government Affairs, voiced her concern that information was transmitted without public notice and without guidelines for protecting passenger privacy. "Implementation of the new CAPPS II will require similar data from airlines in order for TSA to begin testing," she said in a statement issued yesterday. "If TSA is to move ahead with this new system, it must ensure that data are obtained in a way that protects privacy and ensures public trust in the process."
"We need to continue to improve airline security, but we also have to work hard to avoid infringing on our citizens' privacy," added Sen. Joe Lieberman (D-Conn.), ranking committee member. "I am disturbed to learn of these new disclosures that suggest TSA may have violated the Privacy Act in the handling of passenger records from four additional airlines. It is essential that agencies comply with all applicable privacy laws to maintain public confidence in systems the government is developing to protect the nation."
Stone told the committee that, as part of cooperative agreements with contractors and American Airlines, confidentiality of passenger information "was protected under nondisclosure agreements entered into by the various parties" and that data has since "been returned, destroyed or otherwise secured." He said that "independent" sources of passenger information included Delta Air Lines through the carrier's internal reservations system; Continental, America West Airlines and Frontier Airlines through the EDS/Shares reservations system; JetBlue; Galileo International and possibly Apollo. Stone added Sabre to the list of companies "unconnected to specific investigations" from which TSA requested passenger information. Sabre, he said, in May 2003 provided TSA with "an unknown number" of passenger name records.
America West yesterday issued a statement, confirming it had released two weeks of PNRs to the government in June 2002. "The nondisclosure agreement limited the permissible uses of the data and required that the data be stored in a secure facility, expressly provided that the data would not be shared with TSA or any other government agency and required the destruction or return of the data after the project was completed," the carrier said, noting that its current policy prohibits the sharing of PNR data with any private contractor or government agency.
According to Stone, TSA plans to use Notices of Proposed Rulemaking to gather public comments on PNR collection for development of CAPPS II "and would likely issue an order compelling the collection of historical PNR data for testing purposes simultaneously with publication of that NPRM." These steps, according to Stone, require involved parties to ensure passengers are informed as to why their data is being collected, the entity that ordered the collection and consequences of refusing to provide the information.
"CAPPS II testing will not begin until security systems to ensure protection of the data are fully in place," Stone said. "Until we are confident that both the security system and redress procedures meet privacy and security muster, we have no intention of collecting PNR data for any reason."