CBP Failed to Protect Sensitive Biometric Information in Test of Facial Recognition Program

29 09 2020
EPIC
Sept. 24, 2020
In a report, the Department of Homeland Security’s Office of Inspector General found that Customs and Border Protection failed to safeguard pictures of travelers obtained for a facial recognition pilot program, the Biometric Entry-Exit Program. The pictures were exposed in a data breach of a CBP subcontractor, Perceptics, LLC. OIG found that the CBP failed to undertake sufficient information security practices to prevent Perceptics from obtaining the data. At least 17 of the images were ultimately released on the dark web. EPIC leads an ongoing campaign to Ban Face Surveillance. In 2018 EPIC urged CBP to suspend its Biometric Entry-Exit Program. EPIC previously obtained documents on that program through a FOIA lawsuit.

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DHS Seeks to Transfer Personal Data to Census Bureau in Violation of Privacy Act

26 08 2020
Epic
January 7, 2020
The Department of Homeland Security has announced a plan to transfer detailed personal data collected from immigrants to the Census Bureau—an apparent violation of the Privacy Act. In a privacy impact assessment, published over the holiday break, the DHS revealed that it would provide names, addresses, social security numbers, and other highly sensitive data to the Census Bureau. Yet the DHS admitted that individuals weren’t aware their personal data would be obtained by the Census Bureau, that the data may be inaccurate, or used for purposes unrelated to the census survey. The proposed data transfer follows a July executive order by President Trump, who vowed that the government “will leave no stone unturned” when seeking citizenship information from every person in the United States. EPIC previously warned Congress that the executive order could undermine Privacy Act safeguards. In EPIC v. Commerce, EPIC challenged the failure of the Census Bureau to conduct privacy impact assessments before adding the (later withdrawn) citizenship question to the 2020 Census.

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DHS Privacy Office Releases 2017 Data Mining Report

13 01 2019

The Department of Homeland Security released the 2017 Annual Data Mining Report. According to the report, Customs and Border Protection expanded the use of Automated Targeting System’s risk assessments to TSA’s Secure Flight passenger data. TSA uses the Secure Flight data to compare airline passenger records against various watch lists and to score air travellers. The report describes the use of biometric data to match and screen individuals applying for immigration benefits against other databases.

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Border Agency Finalizes Social Media Collection Rule

13 01 2019

Despite comments from EPIC and others, Customs and Border Protection will collect social media information from Americans and place that data outside legal protections provided by the Privacy Act. . .  In a related FOIA lawsuit against DHS, EPIC obtained documents which revealed that federal agencies gather social media comments to identify individuals critical of the government.

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DHS Privacy Office Releases 2016 Report, Secret Profiling on the Rise

3 02 2018

The Department of Homeland Security has released the 2016 Annual Data Mining Report. The report describes several of the agency’s profiling systems that assign secret “risk assessments” to U.S. citizens. According to the DHS report, the Analytical Framework for Intelligence is accessible to several agency components, including the Citizenship and Immigration Services, the Coast Guard, and the Transportation Security Administration. Through a Freedom of information Act lawsuit, EPIC previously obtained important documents about the secretive scoring program. EPIC is now appealing EPIC v. DHS to the D.C. Circuit Court of Appeals to compel the release of additional documents.

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EPIC Awarded Nearly $100,000 in Internet Surveillance Case

29 01 2018

A federal judge in Washington, DC has issued a final order granting EPIC substantial attorney’s fees in a long-running case against the Department of Homeland Security. EPIC sued the DHS in 2012 for information about a secret program to monitor Internet traffic. The “Cyber Pilot” program applied originally to defense contractors, but an executive order dramatically expanded the program, raising concerns about violations of federal wiretap law. EPIC’s lawsuit produced the release of several thousand pages on the program. EPIC sought attorneys fees for the successful litigation, which the DHS opposed. In November, Judge Gladys Kessler ruled that EPIC was entitled to attorney’s fees because it “substantially prevailed in [the] litigation” and added “to the fund of information that citizens may use in making vital political choices.” On Monday, Judge Kessler confirmed that decision and awarded EPIC nearly $100,000 in fees—the largest such award in EPIC’s history.

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