a bit more on CAPS II

[Dave Farber <dave () farber net>]

from: http://hasbrouck.org/links/index.html

What can be done?

*    Anyone (whether or not they are a citizen or resident of the USA) can
still file comments on the DOT/TSA proposals.
*    Delta Airlines passengers -- especially those traveling to or from San
Jose (CA) International Airport, the only airline and airport revealed to be
part of the initial deployment of CAPPS-II -- should insist on a complete
Privacy Act notice, explaining what information will be transferred to the
government, what they will do with it, the basis for requiring the
information, and the consequences of not providing the information -- before
your reservation is completed. If you don't receive such a notice when you
make a reservation with Delta for travel to or from San Jose after 1 April
2003 (by which time they have said CAPPS-II will be in operation), you can
sue under the Privacy Act.
*    Travel agencies should demand that Delta provide them with Privacy Act
notices to provide their customers before they make reservations on Delta,
and should advise Delta that until they receive those notices they will not
be legally allowed to make bookings on Delta, especially to or from San Jose
for travel after 1 April 2003.
*    Corporations, travel agencies, and individual travellers can let Delta
and the CRS's/GDS's know that their corporate travel records are subject to
nondisclosure agreements, and that if Delta will not respect those
contractual commitments not to disclose confidential travel records, they
will be contractually precluded from doing business with Delta.
*    Citizens of Canada or the European Union should ask your national data
privacy protection authorities to refuse to allow airlines and CRS's/GDS's
that transfer data to the USA government in violation of your national and
EU privacy laws to continue to operate in your country.
*    Canadian and EU privacy law enforcement agencies, and enforcers of
nondisclosure contracts and the Privacy Act in the USA, can seek appropriate
sanctions against Delta and the TSA -- including revocation of licenses for
Delta to operate in Canada and the EU, and invalidation of the ASSR
regulations -- for implementing the CAPPS-II and ASSR systems in defiance of
the law.


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