Body Scanners Improperly Added by TSA: Court

By Tom Schoenberg - Jul 15, 2011 10:52 AM ET

http://www.bloomberg.com/news/2011-07-15/airport-body-scanners-were-improperly-adopted-by-u-s-appeals-court-rules.html

Airport body scanners were improperly adopted by the U.S., a federal appeals 
court in Washington ruled. Photographer: George Frey/Bloomberg

Airport body scanners using advanced imaging technology were improperly adopted 
by the U.S. as a primary passenger-screening tool, a federal appeals court 
ruled, while allowing their use to continue.

The U.S. Transportation Security Administration should have sought public 
comment before deciding that the scanners, first deployed in 2007, would be 
used “everywhere for primary screening,” the court said today.

“Due to the obvious need for the TSA to continue its airport security 
operations without interruption, we remand the rule to the TSA but do not 
vacate it,” the court said in its ruling.

By the end of 2010, the TSA was operating 486 scanners in 78 airports with 
plans to add 500 more scanners by the end of this year, according to the court.

Greg Soule, a spokesman for the TSA, didn’t immediately return a phone message 
seeking comment.

The case is Electronic Privacy Information Center v. U.S. Department of 
Homeland Security, 10-1157, U.S. Court of Appeals for the District of Columbia 
(Washington).

To contact the reporter on this story: Tom Schoenberg in Washington at 
[email protected].

To contact the editor responsible for this story: Michael Hytha at 
[email protected].
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