FOIA Note #21 (September 9, 2011)

Government Transparency

[click for full document]

For additional documents from this release, click here.

The Disclosure

In response to an EPIC Freedom of Information Act (FOIA) request and subsequent litigation, the Department of Homeland Security disclosed documents detailing body scanner radiation risks and testing.

The Issue

Radiation risks presented by body scanner machines.

The Background

In 2005, the Transportation Security Administration, a Department of Homeland Security component, began testing body scanner technology to screen air travelers. These systems produce detailed, three-dimensional images of individuals. Security experts have described whole body scanners as the equivalent of "a physically invasive strip-search."

Experts have questioned the safety of full body scanners and noted that radiation exposure from devices like full body scanner increases individuals’ cancer risk. In April 2010, scientists at the University of California - San Francisco wrote to President Obama, calling for an independent review of the full body scanners’ radiation risks. The experts noted that children, pregnant women, and the elderly are especially at risk “from the mutagenic effects of the [body scanners’] X-rays.”

Dr. David Brenner, director of Columbia University's Center for Radiological Research and a professor of radiation biophysics, has warned “it's very likely that some number of [air travelers] will develop cancer from the radiation from these scanners.” Peter Rez, a professor of physics at Arizona State University, has identified cancer risks to air travelers arising from improper maintenance and flawed operation of the TSA’s full body scanners. Other scientists and radiology experts have also identified serious health risks associated with the full body scanner program, including increased cancer risk to American travelers.

In August 2010, US senators questioned the safety of the scanners. In September 2010, Ralph Nader also sent a letter to the Senate expressing concern about radiation exposure.

On July 13, 2010, EPIC filed a Freedom of Information Act (FOIA) request with the US Department of Homeland Security (DHS) for agency records that directly relate to the radiation risks posed by TSA's full body scanner program. EPIC requested the following agency records:

• All records concerning TSA tests regarding body scanners and radiation emission or exposure;
• All records concerning third party tests regarding body scanners and radiation emission or exposure.

When the agency failed to respond, EPIC filed suit in D.C. District Court.

The Significance

EPIC has forced disclosure of documents that detail body scanner radiation testing. These documents will allow independent experts to evaluate the safety implications of these machines.

About the Freedom of Information Act

The Freedom of Information Act establishes a legal right for individuals to obtain records in the possession of government agencies. The FOIA is critical for the functioning of democratic government because it helps ensure that the public is fully informed about matters of public concern. The FOIA has helped uncover fraud, waste, and abuse in the federal government. It has become particularly important in recent years as the government has tried to keep more of its activities secret.