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Flying with Your Data – ACLU sues the TSA Over Domestic Electronic Device Searches | Data Privacy + Cybersecurity Insider
Leveraging Knowledge to Manage Your Data Risks
By Jessica Hamilton on March 15, 2018
If you’ve flown domestically in the last year, you know the drill. Take off your jacket, belt, and shoes and place them in a bin. Remove your quart-sized bag of 3.4 oz liquids and place them on top. Pull out your laptop, iPad, e-reader, gaming device, and any other electronic device larger than a cell phone, and place them in another bin. Shuffle through the full body scanner while keeping an eye on your belongings, then pack everything back up before heading to your flight. But what about all the data on your electronic devices—is that subject to a search?
While Customs and Border Protection (CBP) has publicly issued directives for its border searches of electronic devices for international travelers, the ACLU is alleging that that the Transportation Security Administration (TSA) is now searching domestic travelers’ phones, computers, tablets, and other devices, and that their policies on searching those devices “remains shrouded in secrecy.” The ACLU previously filed a Freedom of Information Act (FOIA) request in December 2017 seeking records related to (1) the policies, procedures, or protocols regarding the search of passengers’ electronic devices; (2) the equipment, including SIM-card readers, used to search, examine, or extract data from passengers’ devices; and (3) the training of the TSA officers conducting the screenings, searches, and examinations of electronic devices. The ACLU claims that it received no records from TSA in response, and their new lawsuit, filed on March 12, is intended to compel the TSA to fully respond to that request.
As of yet, the TSA has not commented on this lawsuit, and it is unclear to what extent these electronic device searches are occurring.  Travelers flying domestically with sensitive data should, however, be prepared for the possibility that their electronic devices could be searched.
Tags: aclu, airplane, airport, border protection, CBP, computers, customs, electronic devices, flight, flying, FOIA, Freedom of Information Act, iPad, lawsuit, phone, security, SIM-card, tablets, Transportation Security Administration, TSA
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Jessica Hamilton focuses her practice on insurance coverage and extra-contractual litigation, as well as high-exposure liability claims and other complex commercial litigation. She is a member of the firm’s Litigation Section, the Insurance + Reinsurance and Appellate Groups, and the Data Privacy +…
Jessica Hamilton focuses her practice on insurance coverage and extra-contractual litigation, as well as high-exposure liability claims and other complex commercial litigation. She is a member of the firm’s Litigation Section, the Insurance + Reinsurance and Appellate Groups, and the Data Privacy + Cybersecurity Team. Read her full rc.com bio here.
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Robinson+Cole is a law firm serving regional, national and global clients from nine offices throughout the Northeast. Our Data Privacy + Security Team brings together lawyers from the firm’s Intellectual Property and Technology, Commercial Litigation, and E-Commerce Groups.
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