Resource: EPIC v. DHS (Suspension of Body Scanner Program)


May 26, 2017

Electronic Privacy Information Center

EPIC has challenged the use of airport body scanners since they were first tested and introduced by the TSA in the mid 2000s. First, EPIC sued to obtain records outlining the invasive screening capabilities, potential health risks, and traveler complaints logged by the TSA. Then, in 2011, EPIC successfully sued to require the Department of Homeland Security to undertake a public notice on and comment rulemaking on the use of body scanners in U.S. airports. EPIC argued that "the TSA has acted outside of its regulatory authority and with profound disregard for the statutory and constitutional rights of air travelers" and the D.C. Circuit agreed. The court ordered the agency to "promptly" undertake notice and comment rulemaking, allowing the public to comment on the body scanner program.,x%2Dray%20devices%20from%20airports.