TRANSPORTATION SECRETARY ANNOUNCES FIRST-EVER PRIVACY REVIEW AMONG LARGEST U.S. AIRLINES
April 1, 2024
On March 21, 2024, the U.S. Department of Transportation (“DOT”) issued a press release announcing its first industry-wide review of data security and privacy policies among the ten (10) largest U.S. airlines. To determine if sensitive personal information is sufficiently protected, DOT’s Office of Aviation Consumer Protection (“OACP”) will begin by conducting privacy reviews of Allegiant, Alaska, American, Delta, Frontier, Hawaiian, JetBlue, Southwest, Spirit, and United. OACP’s review seeks information in the following three areas: policies and procedures relating to the monetization of passenger data, complaints alleging that the airline or its employees mishandled sensitive personal information, and information on what privacy training employees receive and the frequency of those trainings. The privacy review acts as the first step in what will likely become a more periodic assessment of airline privacy practices.
In coordination with the Federal Trade Commission (“FTC”), DOT also seeks to examine whether airlines are unfairly and deceptively monetizing or sharing passenger data with third parties. Doing so furthers the Biden administration’s comprehensive effort to safeguard consumer privacy and dovetails with FTC’s rules implementing the Children’s Online Privacy Protection Act (“COPPA”). To enforce compliance with COPPA and other consumer protection statutes dealing with unfair or deceptive practices, DOT will use the privacy review to inform future investigations, enforcement actions, and upcoming rulemaking which may substantially change the obligations and responsibilities of airlines.
If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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