GAO Report Addresses DHS’ Unchecked Surveillance of Americans in Public Without Warrants

A new report from the Government Accountability Office (GAO) reviewed the Department of Homeland Security (DHS) law enforcement agencies’ use of detection and monitoring technologies in public without warrants. DHS was found to use over 20 types of detection, observation, and monitoring technologies, such as drones and closed-circuit televisions, in fiscal year 2023. All three law enforcement agencies that were queried (Customs and Border Patrol, Immigration and Customs Enforcement, and the Secret Service) reported that they have agreements to query or view information from third party automated license plate readers, which would give DHS personnel access to a nationwide source of license plate data. While DHS is required to develop policies and procedures to address bias risk from technologies using AI, no such policies are required for detection, monitoring, and observation technologies generally.

EPIC applauds GAO’s recommendation for DHS to create and implement procedures in each law enforcement arm to assess and address bias risks for DHS law enforcement agencies’ detection, observation, and monitoring technologies prior to their use. GAO also recommends that these policies specifically address the Fair Information Practice Principles, a set of principles addressing common sense privacy protections such as notice of data collection and the ability to get redress from the data controller.

EPIC advocates to increase public privacy and roll back the use of advanced surveillance technologies on the public. EPIC regularly comments on proposed expansions of surveillance technologies, submits amicus briefs highlighting the impact of these technologies, and urges lawmakers to protect public privacy.