Major Airlines Selling Passenger Data to Government: Privacy Rights at Risk

404 Media discovered that the Airlines Reporting Corporation (ARC), a data brokerage company jointly owned by major U.S. airlines such as Delta, American Airlines, and United, has been secretly selling sensitive passenger data to Customs and Border Protection (CBP).

The implications of this disclosure are profound, raising serious concerns about consumer privacy, government surveillance, and corporate accountability.

What Exactly Happened?

The Airlines Reporting Corporation, owned collectively by major domestic airlines, including Delta, Southwest, American Airlines, Alaska Airlines, JetBlue, and United, as well as international carriers such as Lufthansa, Air France, and Air Canada, has been implicated in providing detailed passenger information to CBP.

Under a program known as the Travel Intelligence Program (TIP), ARC collected passenger data, including names, full travel itineraries, and even financial details from tickets booked via third-party accredited travel agencies, such as Expedia and Kayak.

This data was subsequently bundled and sold to CBP without passengers’ knowledge or explicit consent.

Internal CBP documents obtained through a Freedom of Information Act (FOIA) request further exposed that ARC explicitly requested CBP not to publicly identify them as the data source unless mandated by a court order.

The data sale commenced in June 2024 and is expected to continue through 2029.

Privacy Concerns

The scope of data provided to CBP raises significant privacy concerns. The sold records are not limited to international flights but include detailed domestic travel information of American citizens. According to CBP’s Privacy Impact Assessment, this data acquisition applies broadly to U.S. citizens and non-citizens alike, igniting alarm over the potential misuse and intrusive nature of such widespread data collection.
Legal and Ethical Issues

This situation highlights the ethical responsibilities of airlines and travel agencies to safeguard consumer privacy. Consumers have a reasonable expectation of privacy when booking travel arrangements. The unauthorized sale of their personal and financial data undermines consumer trust and exposes individuals to unnecessary surveillance or misuse of their information.

Affected passengers may have legitimate legal recourse through class-action lawsuits aimed at holding corporations accountable for breaching privacy protections. These cases often serve as essential mechanisms for justice, ensuring that large corporations cannot continue harmful practices without consequence.

What Can Consumers Do?

If you’ve booked domestic travel via third-party platforms such as Expedia or Kayak, your data may have been compromised through ARC’s sales to CBP. It’s important to understand your rights and the steps you can take to protect your personal information:

First, maintain vigilance by regularly monitoring your financial statements and credit reports for any suspicious activity.

Secondly, engage actively in privacy advocacy, voicing your concerns to representatives and supporting legislative efforts aimed at tighter regulation of data brokers.

Finally, consider consulting experienced California consumer protection attorneys to explore your options and potential participation in class actions designed to protect your rights and seek justice.

Advocacy for Stronger Privacy Protections

This latest revelation adds urgency to the ongoing debate surrounding governmental acquisition of private data. Law enforcement agencies increasingly purchase private data as an alternative to traditional methods such as obtaining warrants or subpoenas, extending their reach into smartphone location data, internet activity, and utility records. Advocates argue this trend necessitates stronger regulation, enhanced transparency, and stricter enforcement of existing privacy laws to ensure governmental accountability.

Contact The Kalfayan Law Firm

The Kalfayan Law Firm, APC, is actively investigating this critical breach of consumer privacy rights involving airline passenger data. If you believe your private information was compromised due to the unauthorized sale by ARC to CBP, we encourage you to reach out immediately. Our experienced attorneys specialize in class action litigation, fiercely advocating for consumer rights and corporate accountability.

Take action now to safeguard your privacy and join the effort to hold corporations accountable for protecting your sensitive personal information.