Electronic Privacy Information Center v. U.S. Department of Homeland Security, et al.,

Petitioners' Petition For Panel Rehearing Or Rehearing En Banc And To Vacate Agency Rule

EPIC Files for Rehearing in Airport Body Scanner Case

Citing significant errors in an earlier decision, EPIC has petitioned a federal appeals court to rehear the organization's challenge to the TSA's controversial body scanner program. "The court overstated the effectiveness of the body scanner devices and understated the degree of the privacy intrusion to the travelling public," stated EPIC President Marc Rotenberg. EPIC's petition challenged the Court's finding that the devices detect “liquid and powders," which was never established and was not claimed by the government. EPIC also argued that the court wrongly concluded that the TSA is not subject to a federal privacy law that prohibits video voyeurism. The panel found that TSA body scanner employees are “engaged in law enforcement activity," contrary to the TSA's own regulations.

Please see full brief below for more information.

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Published In: Privacy Updates

Reference Info:Legal Memoranda: Post-Trial Motions | Federal, D.C. Circuit, Federal Admin Agencies | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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