Personnel Records and Records Related to Body Scanners and Advanced Imaging Technologies

Jordan Lassiter filed this request with the Transportation Security Administration of the United States of America.
Tracking #

2023-TSFO-00794

Est. Completion Jan. 11, 2024
Status
Fix Required

Communications

From: Jordan Lassiter

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Freedom of Information Act Officer
Transportation Security Administration
601 South 12th Street
Arlington, VA 20598

Dear FOIA Officer,

I am writing to submit a limited Freedom of Information Act (FOIA) request seeking records related to two areas of interest within the Transportation Security Administration (TSA): personnel records of TSA employees and records related to the TSA's use of body scanners and other advanced imaging technologies for the period of the last two years (2021-2023).

Firstly, I request any and all training programs and materials provided to TSA agents in the last two years, including any materials related to cultural competency or implicit bias training. Additionally, I would like to obtain any disciplinary actions taken against TSA agents, including any records related to employee misconduct, violations of TSA policies and procedures, or complaints filed against TSA agents. Lastly, I request internal investigations of TSA employees in the last two years, including any records related to allegations of abuse, harassment, or discrimination by TSA agents.

These records will help to provide transparency and accountability for the TSA's actions in maintaining high standards of conduct among its personnel. In support of this request, I would like to cite several court cases, including EPIC v. DHS, 615 F.3d 519 (D.C. Cir. 2010), where the court held that the TSA must release documents related to the effectiveness and privacy impact of body scanners used at airports. The court found that the public interest in transparency and accountability outweighed any privacy concerns related to the release of these records. Additionally, in NARA v. Favish, 541 U.S. 157 (2004), the Supreme Court held that FOIA requires the disclosure of records that could reasonably be interpreted as indicating an agency's ability or willingness to protect the privacy of individuals.

Secondly, I request any training materials and manuals provided to TSA agents on the use of body scanners and other advanced imaging technologies in the last two years. Furthermore, I request technical specifications for the scanners and technologies used by TSA agents. Additionally, I would like to obtain any reports or studies conducted by the TSA or other organizations related to the effectiveness and safety of these technologies in the last two years. Lastly, I request any records related to complaints or incidents related to the use of these technologies in the last two years, including any reports of malfunctions, false positives, or privacy concerns.

These records will help to ensure the effective and safe use of advanced imaging technologies and provide insights into any privacy concerns associated with their use. In support of this request, I would like to cite the case of Katz v. United States, 389 U.S. 347 (1967), where the court held that the Fourth Amendment protects individuals from unreasonable searches and seizures and that a warrant is required to conduct a search, absent some exception.

FOIA requires agencies to disclose records unless they are exempt from disclosure under one of nine exemptions listed in the statute. If you determine that any of the requested records are exempt from disclosure, I request that you provide a written explanation of the exemption and the specific reasons why it applies.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Jordan Lassiter

From: Transportation Security Administration

Good day,TSA cannot process a request for “all records” on an individual or for “all communications” between TSA and a third party. You should include a date limitation, a particular topic, and if asking for correspondence, the relevant parties’ names and offices or airports, if known. You can contact the TSA FOIA Branch for assistance in writing a FOIA request. This will ensure we understand which materials you are seeking and help us respond to your request quickly. Given the variety of programs at TSA and the multiple ways you might have a connection with TSA, we require this additional information about records you are seeking. As TSA operates at over 450 airports and screens on average more than 1.9 million passengers a day, it would be unduly burdensome to conduct a search at over 450 airports and TSA program offices using limited information. Please narrow or otherwise clarify your request by providing specific criteria regarding the records that you are seeking (e.g., time period, airport or other association with TSA, including employment) so that TSA can conduct a reasonable search.Please see attached.Sincerely,TSA FOIA Branch
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v.E.1

From: Jordan Lassiter

Freedom of Information Act Officer
Transportation Security Administration
601 South 12th Street
Arlington, VA 20598

Subject: Freedom of Information Act Request - Specific Records Requested

Dear FOIA Officer,

I am writing to submit a Freedom of Information Act (FOIA) request seeking specific records related to the operations and activities of the Transportation Security Administration (TSA) within the last five years (2018-2023). My request can be divided into two distinct sections: TSA personnel records and records related to the use of body scanners and other advanced imaging technologies. Additionally, I request information pertaining to TSA activities at airports in the state of New York, including John F. Kennedy International Airport (JFK), LaGuardia Airport (LGA), Newark Liberty International Airport (EWR), Albany International Airport (ALB), White Plains Westchester County Airport (HPN), and Stewart International Airport (SWF).

Section 1: TSA Personnel Records
I request the following personnel records related to TSA employees:

Employment contracts, including terms and conditions of employment.
Performance evaluations and appraisals.
Disciplinary actions, including warnings, suspensions, and terminations.
Promotion and demotion records.
Records related to employee grievances or complaints.
Furthermore, I request the following training-related records:

Training materials, manuals, and guidelines provided to TSA agents, specifically focusing on topics such as cultural competency, implicit bias, and customer service training.
Section 2: Use of Body Scanners and Advanced Imaging Technologies
I request the following records related to the use of body scanners and other advanced imaging technologies:

Training materials and manuals provided to TSA agents regarding the use of body scanners and advanced imaging technologies.
Technical specifications for the scanners and technologies used by TSA agents.
Reports or studies conducted by the TSA or other organizations concerning the effectiveness and safety of these technologies.
Records related to complaints or incidents associated with the use of these technologies, including reports of malfunctions, false positives, privacy concerns, or other relevant issues.
To ensure the accuracy and relevance of the records requested, I would like to emphasize my interest in records specifically related to TSA activities at the following airports in the state of New York: John F. Kennedy International Airport (JFK), LaGuardia Airport (LGA), Newark Liberty International Airport (EWR), Albany International Airport (ALB), White Plains Westchester County Airport (HPN), and Stewart International Airport (SWF).

In support of my request, I would like to reference the court cases mentioned in my previous correspondence:

EPIC v. DHS, 615 F.3d 519 (D.C. Cir. 2010): This case held that the TSA must release documents related to the effectiveness and privacy impact of body scanners used at airports. The court recognized the public interest in transparency and accountability, outweighing privacy concerns.
NARA v. Favish, 541 U.S. 157 (2004): In this Supreme Court case, it was established that FOIA requires the disclosure of records that could reasonably indicate an agency's ability or willingness to protect individuals' privacy.
I understand that certain records may be exempt from disclosure under FOIA. If any requested records are deemed exempt, I kindly request that you provide a written explanation specifying the exemption applied and the reasons for its application.

This request is made for non-commercial purposes, and if there are any applicable fees associated with processing this request, I would appreciate receiving an estimate of the total charges in advance.

In accordance with the FOIA guidelines, I kindly request that you providea response to each section of this request separately within the statutory timeframe of 20 business days.

Please provide the response for Section 1: TSA Personnel Records and Section 2: Use of Body Scanners and Advanced Imaging Technologies as separate and distinct responses, addressing each section's specific records requested.

Thank you for your attention to this matter, and I look forward to receiving the requested information.

Sincerely,

Jordan Lassiter

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From: Jordan Lassiter

Freedom of Information Act Officer
Transportation Security Administration
601 South 12th Street
Arlington, VA 20598

Subject: Freedom of Information Act Request - Specific Records Requested

Dear FOIA Officer,

I am writing to submit a Freedom of Information Act (FOIA) request seeking specific records related to the operations and activities of the Transportation Security Administration (TSA) within the last five years (2018-2023). My request can be divided into two distinct sections: TSA personnel records and records related to the use of body scanners and other advanced imaging technologies. Additionally, I request information pertaining to TSA activities at airports in the state of New York, including John F. Kennedy International Airport (JFK), LaGuardia Airport (LGA), Newark Liberty International Airport (EWR), Albany International Airport (ALB), White Plains Westchester County Airport (HPN), and Stewart International Airport (SWF).

Section 1: TSA Personnel Records
I request the following personnel records related to TSA employees:

Employment contracts, including terms and conditions of employment.
Performance evaluations and appraisals.
Disciplinary actions, including warnings, suspensions, and terminations.
Promotion and demotion records.
Records related to employee grievances or complaints.
Furthermore, I request the following training-related records:

Training materials, manuals, and guidelines provided to TSA agents, specifically focusing on topics such as cultural competency, implicit bias, and customer service training.
Section 2: Use of Body Scanners and Advanced Imaging Technologies
I request the following records related to the use of body scanners and other advanced imaging technologies:

Training materials and manuals provided to TSA agents regarding the use of body scanners and advanced imaging technologies.
Technical specifications for the scanners and technologies used by TSA agents.
Reports or studies conducted by the TSA or other organizations concerning the effectiveness and safety of these technologies.
Records related to complaints or incidents associated with the use of these technologies, including reports of malfunctions, false positives, privacy concerns, or other relevant issues.
To ensure the accuracy and relevance of the records requested, I would like to emphasize my interest in records specifically related to TSA activities at the following airports in the state of New York: John F. Kennedy International Airport (JFK), LaGuardia Airport (LGA), Newark Liberty International Airport (EWR), Albany International Airport (ALB), White Plains Westchester County Airport (HPN), and Stewart International Airport (SWF).

In support of my request, I would like to reference the court cases mentioned in my previous correspondence:

EPIC v. DHS, 615 F.3d 519 (D.C. Cir. 2010): This case held that the TSA must release documents related to the effectiveness and privacy impact of body scanners used at airports. The court recognized the public interest in transparency and accountability, outweighing privacy concerns.
NARA v. Favish, 541 U.S. 157 (2004): In this Supreme Court case, it was established that FOIA requires the disclosure of records that could reasonably indicate an agency's ability or willingness to protect individuals' privacy.
I understand that certain records may be exempt from disclosure under FOIA. If any requested records are deemed exempt, I kindly request that you provide a written explanation specifying the exemption applied and the reasons for its application.

This request is made for non-commercial purposes, and if there are any applicable fees associated with processing this request, I would appreciate receiving an estimate of the total charges in advance.

In accordance with the FOIA guidelines, I kindly request that you providea response to each section of this request separately within the statutory timeframe of 20 business days.

Please provide the response for Section 1: TSA Personnel Records and Section 2: Use of Body Scanners and Advanced Imaging Technologies as separate and distinct responses, addressing each section's specific records requested.

Thank you for your attention to this matter, and I look forward to receiving the requested information.

Sincerely,

Jordan Lassiter

From: Transportation Security Administration

Greetings, This is a follow-up to the acknowledgement letter sent on 5/12/2023. We interpret your request as seeking the items listed below. As noted, we cannot conduct a search for “any and all.” If there is a specific airport or airports please provide. Also, see the comments and additional information needed before we can proceed with the processing of your request. 1. Any and all training programs and materials provided to TSA agents in the last two years, including any materials related to cultural competency or implicit bias training. **What do you mean by “any and all”? We will proceed with conducting a search for “any materials related to cultural competency or implicit bias training” given to TSA agents.2. Any disciplinary actions taken against TSA agents, including any records related to employee misconduct, violations of TSA policies and procedures, or complaints filed against TSA agents. 3. Internal investigations of TSA employees in the last two years, including any records related to allegations of abuse, harassment, or discrimination by TSA agents. **For item 2 and item 3, the records you seek are subject to the Privacy Act which requires written and signed authorization from the subject of the records before they can be released to a third party. Also, under the FOIA, the TSA can neither confirm or deny the existence of any disciplinary actions, internal investigations, etc. on a TSA employees or records related to abuse, harassment or discrimination by TSA agents without authorization. **No search will be conducted without authorization.4. Any training materials and manuals provided to TSA agents on the use of body scanners and other advanced imaging technologies in the last two years. 5. Technical specifications for the scanners and technologies used by TSA agents.6. Any reports or studies conducted by the TSA or other organizations related to the effectiveness and safety of these technologies in the last two years. **For items 4-6, the records you seek are considered Sensitive Security Information, subject to Title 49 U.S.C. Section 114(r), which exempts from disclosure information that “would be detrimental to the security of transportation” if disclosed and there is no exception. Under the FOIA, the TSA withholds in its entirety, any records involving screening SOPs and training materials and technical specifications and/or reports on the effectiveness of any screening equipment. **We can proceed with conducting a search on the “safety” of technologies used but you need to identify which technologies you are seeking these studies on. 7. Any records related to complaints or incidents related to the use of these technologies in the last two years, including any reports of malfunctions, false positives, or privacy concerns. **Are you seeking complaints filed by travelers regarding their general screening experience or complaints related to the technology used in their screening experience? If you are seeking complaints on a specific technology, please specify. **As stated in the acknowledgement letter, if the additional information is not received by 6/26/2023, a search will only be conducted for the items noted.Regards, TSA FOIA Branch
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and any disclosure, copying, or distribution
of this message, or the taking of any action based on it, by you is strictly prohibited.
Deloitte refers to a Deloitte member firm, one of its related entities, or Deloitte Touche Tohmatsu Limited ("DTTL"). Each Deloitte member firm is a separate legal entity and a member of DTTL. DTTL does not provide services to clients. Please see www.deloitte.com/about
to learn more.
v.E.1

From: Jordan Lassiter

Dear TSA FOIA Branch,

Thank you for your response and the clarifications you sought for my original request. I am more than willing to revise the request in order to comply with privacy and security regulations and to make it more specific.

In all of the points mentioned below, I am specifically interested in information related to the following airports in the state of New York: John F. Kennedy International Airport (JFK), LaGuardia Airport (LGA), Newark Liberty International Airport (EWR), Albany International Airport (ALB), White Plains Westchester County Airport (HPN), and Stewart International Airport (SWF).

1. Training programs and materials: I seek any materials specifically related to cultural competency or implicit bias training given to TSA agents in the last two years at the above-mentioned airports. If there are training programs designed to foster respect for cultural diversity and eliminate implicit bias, please include any official guidelines, objectives, or evaluations of these programs.

2. Disciplinary actions: I understand the privacy concerns related to specific employees' disciplinary actions. Instead, I request aggregate or anonymized data (if available) about disciplinary actions taken against TSA agents over the past five years at these airports, excluding personally identifiable information. My interest is in understanding the frequency and nature of such actions, rather than identifying specific individuals.

3. Internal investigations: Similarly, I understand the confidentiality and privacy concerns here. I would appreciate if anonymized or aggregate data could be provided regarding the frequency of internal investigations related to allegations of abuse, harassment, or discrimination by TSA agents in the last five years at these airports.

4-6. Use of body scanners and advanced imaging technologies: I realize that the specific technical details and effectiveness reports of these devices are sensitive security information. However, I am interested in any non-classified or public-facing reports or summaries about the general safety and effectiveness of body scanners and advanced imaging technologies used by TSA at these airports.

7. Records related to complaints or incidents: I am interested in any complaints filed by travelers specifically related to their experience with the use of body scanners and advanced imaging technologies at these airports. If available, an anonymized or aggregate summary of such complaints over the last five years would be very helpful, again excluding any personally identifiable information.

I understand the sensitive nature of many of these requests, and I appreciate your time and efforts in addressing them. I look forward to any information that can be provided in line with these adjustments to my original request.

Best regards,

Jordan Lassiter

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From: Transportation Security Administration

Good Afternoon,
Please review the information below carefully. Additional information is still needed before we can proceed with processing portions of your request. Please reply as soon as possible, but no later than 1/11/2024. If the required information is not received by that date, no further action will be taken on those portions of your request. You can reply directly to this email, you can go back into the Secure Release Portal and go to your request (2023-TSFO-00794) or send an email to FOIA@tsa.dhs.gov<mailto:FOIA@tsa.dhs.gov>.

Section 1: TSA Personnel Records

I request the following personnel records related to TSA employees:

Which TSA employees? Are you referring to the TSOs? Please note, the TSA does not release the names of TSOs under the FOIA. Furthermore, the records you seek are retrieved from a Privacy Act system of records and without signed authorization we can neither confirm or deny that such records exist or they would be withheld in their entirety.
------------------------------------------------------------------------------------------------------------------------------------
Employment contracts, including terms and conditions of employment. TSA employees are not contractors so there are no contracts.

Performance evaluations and appraisals. Written authorization required

Disciplinary actions, including warnings, suspensions, and terminations. Can neither confirm nor deny without signed authorizations.

Promotion and demotion records. Can neither confirm nor deny without signed authorizations.

Records related to employee grievances or complaints. Can neither confirm nor deny without signed authorizations.

Furthermore, I request the following training-related records:

Training materials, manuals, and guidelines provided to TSA agents, specifically focusing on topics such as cultural competency, implicit bias, and customer service training.
**We will proceed with conducting a search. **

Section 2: Use of Body Scanners and Advanced Imaging Technologies

I request the following records related to the use of body scanners and other advanced imaging technologies:

Training materials and manuals provided to TSA agents regarding the use of body scanners and advanced imaging technologies. **We will proceed with conducting a search. **

Technical specifications for the scanners and technologies used by TSA agents.
**You need to specify the "technologies" before we can proceed with conducting a search. ** Are you referring to the body scanners and AIT machines?

Reports or studies conducted by the TSA or other organizations concerning the effectiveness and safety of these technologies. **Same as above**

Records related to complaints or incidents associated with the use of these technologies, including reports of malfunctions, false positives, privacy concerns, or other relevant issues. **Same as above**

Files