SCENARIO 3:
Adverse actions premised on inferences from data where the data, while factually correct and properly in possession of the user, is used for an impermissible purpose.
TSA finds a possible name match (of a very common name) between a person in a Passenger Name Record and a person in the Terrorist Screening DataBase and properly sends the information to the FBI. The FBI arrests him for unpaid child support under the federal "Deadbeat Dad" statute. This will turn out to be impermissible because
a) the SORN says the purpose of collecting Passenger Name Record information is "to enhance the security of domestic air travel by identifying only those passengers who warrant further scrutiny" and
b) the Privacy Act requires USPerson data to be used only for the purposes for which it was collected.
This transaction log is
from the Transportation Security Administration
which is part of the Department of Homeland Security
which is part of the Executive Branch
which is part of the US Government
TSA receives PNR data
from American Airlines
About John Henry Doe
DOB: 8/24/75
Who traveled on flight
no. 723
from New York (LaGuardia)
to Chicago (O'Hare)
on 6/14/04
This data is automatically
matched against other data
from three sources
the matching ("search") query is looking for
a person named John Henry Doe
with a DOB of 8/24/75
The result of the first match
which was from the Terrorist Screening Database
was the finding of a person named John Henry Doe
no DOB information is included
The result of the second match
which was from the LexisNexis database
was the finding of a person named John Henry Doe
who is associated with the address 123 Main , New York, NY 10044
with a DOB of 8/24/75
The result of the third match
which was from the LexisNexis database
was the finding of a person named John Henry Doe
who is associated with the address 723 High Street, Seattle, WA 98104
with a DOB of 8/24/75.
Because there is a match,
the system displays the information to
Robinson Duckworth
a Criminal Investigator
employed by TSA in Washington, DC
The data is sent
on 9/17/05
by Duckworth
to Charles Lutwidge Dodson
a Special Agent
employed by the FBI in New York
because
matching a name from a PNR with a name from TSDB
without any other information
is sufficient evidence
that the person may be associated with terrorism
and
matching a name and DOB from a PNR with a commercial database
is sufficient evidence
that the data may be about the same person
Dodgson
investigates
Doe
Dodgson
checks every system
to which he has access
for information about Doe
New York State's
website for outstanding arrest warrants for unpaid child support
indicates that the
John Henry Doe
who is associated with the address 123 Main , New York, NY 10044
with a DOB of 8/24/75
is the subject of an outstanding child support warrant
Dodgson arrests
John Henry Doe
[K to provide citations & URI's]
Privacy Act
says
data about a USPerson
can only be used for the purpose for which it was collected.
Privacy Act
says
Agency collecting information (note re: collecting)
must state the purpose for which USPerson data is collected
in a System of Records Notice.
Privacy Act
says
Agency is prohibited
from sharing
USperson data
unless it has published a Routine Use notice stating
which data
it will share
with whom
under what circumstances
"USPerson"
means a system of records
that includes data on
US citizens
or
Legal Permanent Residents.
Department of Homeland Security
published a SORN
including Routine Use notices
on June 22, 2005
at 70 FR 36319
(FR means "Federal Register")
which establishes the following rules:
The Transportation Security Administration
of the Department of Homeland Security
is the owner of
a system of records (SOR)
called Secure Flight Test Records System ("Secure Flight").
Secure Flight
may collect
information about people who:
traveled
within the US
by commercial passenger air
in June 2004
and/or
were in commercial data
secured by a TSA contractor
to compare with the first type of information
and/or
are known or reasonably suspected to be or have been
engaged in conduct constituting, in preparation for, in aid of, or related to terrorism
Secure Flight
may collect
that information
from:
Passenger Name Records (PNRs)
and/or
the Terrorist Screening Center
and/or
commercial data providers
The purpose for which the data is collected is:
to enhance the security of domestic air travel
by identifying passengers who warrant further scrutiny
prior to boarding an aircraft.
Secure Flight
may share the information with:
Federal Bureau of Investigation
where TSA
becomes aware of
information that may be related
to an individual identified in the Terrorist Screening Database
as known or reasonably suspected to be or having been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism.
or
[5 other options:]
[contractors when related to their work]
[federal agency in relation to claims, complaints, & lawsuits]
[National Archives for records management inspections]
[Congressional office in response to inquiry]
[federal party with the authority to conduct audit or oversight]
PNR data is
assumed to be USperson
because it is from flights
that originate
and
terminate
in the US
One federal criminal law
18 usc 228
says that
a child support obligation
may be prosecuted
in a federal court
if
(it is unpaid for more than one year
or
more than $5,000 is owed)
and
(this is evidenced by
a state court order
or
a state administrative order)
and
(the obligor's state of residence
is different from
the obligee's state of residence
or
the obligor travels to a place
different from the obligor's state of residence
for the purpose of avoiding the obligation)