UNRULY PASSENGERS TO LOSE TSA PRECHECK ELIGIBILITY
February 28, 2022
On December 21, 2021, the Federal Aviation Administration (“FAA”) and the Transportation Security Administration (“TSA”) each issued identical press releases announcing a new partnership under which the FAA will begin sharing the information of passengers who face civil penalties for unruly behavior with TSA.
According to the agreement, once the information is given to TSA, it is allowed to remove the unruly passenger from TSA PreCheck screening eligibility. TSA has said that it has “zero tolerance” for unruly behavior, especially behavior that involves physical assault that occurs onboard aircraft, and that TSA PreCheck is a “privilege” reserved for low-risk travelers. Under the agreement, TSA will also begin providing the FAA with information so that it can identify and locate unruly passengers to be able to more efficiently serve them with civil penalty notices. According to TSA, this is being done to help ensure the safety and security of all passengers and hold unruly passengers more accountable for their actions, especially given that unruly behavior involving physical assault is strictly prohibited under federal regulations. Both entities have maintained that the information sharing processes that will be used by FAA and TSA include robust provisions to protect passenger privacy and data.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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