Airlines’ Data Broker Sells U.S. Travelers’ Flight Records to Customs and Border Protection
Overview of Data Collection Practices
A data brokerage firm owned by major U.S. airlines, including Delta, American Airlines, and United, has come under scrutiny for collecting and selling domestic flight records of U.S. travelers to Customs and Border Protection (CBP). These transactions, documented in internal CBP files acquired by 404 Media, have raised concerns about privacy and civil liberties.
Details of the Data Sale
The data broker, known as the Airlines Reporting Corporation (ARC), provides details such as passenger names, complete flight itineraries, and associated financial information. According to CBP, a component of the Department of Homeland Security (DHS), this information is essential for assisting federal, state, and local law enforcement in monitoring individuals of interest’ air travel patterns across the country.
Concerns from Civil Liberties Experts
The revelations, which highlight the controversial nature of these data transactions, have alarmed civil rights advocates. The documents clarify that ARC has explicitly requested CBP to refrain from disclosing the source of the purchased flight data. Senator Ron Wyden expressed serious concerns, stating, “The big airlines—through a shady data broker that they own called ARC—are selling the government bulk access to Americans’ sensitive information, revealing where they fly and the credit card they used.”
Structure and Operations of ARC
ARC is controlled by at least eight leading U.S. airlines and supports over 240 airlines with essential ticket settlement services. Examples of its board members include representatives from Delta, Southwest, United, American Airlines, Alaska Airlines, JetBlue, as well as European airlines Lufthansa and Air France, and Canada’s Air Canada. ARC’s various operations also include offering travel trend insights and fraud prevention services.
Travel Intelligence Program (TIP): The sale of flight information is part of ARC’s Travel Intelligence Program. This initiative provides access to data that CBP claims is “crucial” for various law enforcement operations concerning U.S. domestic air travel.
Legal and Ethical Implications
A recently released Statement of Work highlights CBP’s requirement for ARC’s TIP product, indicating it aids in identifying ticketing information of persons of interest during investigations. The documents obtained through a Freedom of Information Act (FOIA) request further specify that ARC requested CBP not to disclose its identity as a vendor unless legally required to do so.
The data from the TIP is continuously updated and contains over one billion records spanning 39 months, allowing for searches by passenger name, credit card, or airline. However, it should be noted that flights booked directly through airlines are not included in ARC’s data aggregation.
Expert Commentary on Privacy Concerns
Jake Laperruque, deputy director of the Center for Democracy & Technology’s Security and Surveillance Project, emphasized that while gathering domestic airline data typically does not necessitate a warrant, it should still adhere to legal frameworks that govern data collection and independent oversight. “The government seems intent on using data brokers to buy their way around important guardrails and limits,” he stated.
Contractual Agreements and Future Implications
CBP’s contractual agreement with ARC began in June 2024 and is set to extend until at least 2029. The initial contract involved a payment of $11,025, with recent updates revealing additional spending of $6,847.50. These transactions may indicate an ongoing strategy to enhance surveillance capabilities through data procurement.
This situation highlights the emerging intersection of data privacy, government oversight, and corporate interests, provoking necessary discussions about the implications for travelers and their rights to privacy in an increasingly data-driven society.
