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LGBT

Victory For Transgender Privacy: TSA Abandons ‘Nude’ Body Scanners

In what is an important victory for the transgender community, the U.S. Transportation Security Administration has announced it will remove all body scanners that show nearly nude images from airports. The TSA had already removed 76 of the machines and will now remove the remaining 174, though they may still be used in other government offices where privacy is not a concern like it is in airports. Congress had set a deadline for OSI Systems to develop software for the scanners to produce generic passenger images instead of the the nearly nude images, but the company was unable to meet the timeline. Scanners produced by other companies that have managed to adjust the software will continue to be used.

The invasion of privacy caused by the machine was particularly invasive for transgender people, who were considered suspicious if their genitalia did not match their presentation. Even the software change utilized by the remaining body scanners, which are manufactured by L-3, use “blue” and “pink” indicators for gender that can still cause confusion (and thus concern) for trans passengers. As a result, they can be disproportionately selected for invasive pat downs.

The TSA is planning to expand its PreCheck program, in which passengers share more personal data before arriving at the airport but can then go through metal detectors instead of body scanners.

LGBT

Airport Security Tips For Transgender Travelers

With many people traveling for the Thanksgiving holiday, the National Center for Transgender Equality has released a new list of tips to help those who are transgender or gender non-conforming avoid mistreatment or humiliation while processing through airport security. Here is a reminder of the rights that all passengers have while being screened by the TSA:

  1. You can opt out of body scanning machines at any time. However, travelers who opt-out of body scanning machines will be required to undergo a thorough pat-down.
  2. Transgender travelers have a right to a pat-down by an agent of the same gender as the traveler. This is based on your gender presentation. The gender on your identification documents and boarding passes should not matter for pat-downs.
  3. Travelers have a right to request that a pat-down be held in a private screening area, and with a witness or companion of the traveler’s choosing.
  4. You should not any time be subjected to personal questions about your gender, or be forced to lift, remove or raise an article of clothing to reveal a prosthetic item. Prosthetic items include binding garments and breast forms.
  5. All children under age thirteen have a right to modified screening procedures.

NCTE recommends the following tips for travelers:

  1. Ensuring that the name and gender on your ticket reservation match the government-issued ID you bring to the airport with you. The gender on your identification and on your ticket reservation does not need to match your current gender presentation.
  2. Downloading the Fly Rights iPhone and Android application before your travel, which makes it easy to report complaints directly with the Transportation Security Administration and the Department of Homeland Security.
  3. For frequent travelers, exploring the TSA Pre-Check program which offers “expedited screening.”

Everybody deserves the same opportunity to travel safely to visit their family and loved ones, but not all security personnel may properly understand how best to respect transgender passengers. With patience and understanding, all travelers will arrive safely at their destinations with their dignity intact.

Download NCTE’s full guide here.

 

NEWS FLASH

Transportation Security Administration Ignores Court Ruling Requiring Public Comment On Body Scanners | A year ago this week, an appellate court ruled that the Transportation Security Administration breached federal law in 2009 when the agency instituted airport body scanners as its “primary” method of inspection without a 90-day period for public comment. The appellate court, second in authority to the Supreme Court, ordered the TSA to “promptly” undergo such a period before continuing to use the body scanners, which the court also ruled did not violate the constitution. A year later, the TSA has undergone no such public comment period. In March, lawyers for the agency argued to the court that holding the court-required period would hamper its mission to respond to “ever-evolving threats.” No further action has been taken to force the TSA to undergo such a period.

Ben Sherman

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