In a letter to the Department of Homeland Security Secretary Tom Ridge, Governmental Affairs Committee Ranking Member Joe Lieberman (D-Connecticut) said the DHS broke the law by failing to measure the privacy impact of new technology to be set up at airports next month because they didn’t conduct and make public a “privacy impact assessment (PIA)” on the biometric technology developed for use by US-VISIT.

The E-Government Act of 2002, authored by Lieberman, requires federal agencies to conduct privacy impact assessments before developing and purchasing new technologies that will collect personal information electronically. DHS has begun an assessment, but the technology that will make the US VISIT system work has already been purchased and sent to airports around the country. 

The Department of Homeland Security refuted Lieberman’s letter, declaring that DHS is not developing or purchasing any new technology for the first phase of US-VISIT but rather is using existing technology.

Representatives from DHS also said a draft PIA is under review and will be approved and made available to the public by the end of the year.  In his letter, Lieberman acknowledged knowing about the draft PIA, but said it was his understanding that the department developed new biometric systems soon after it unveiled plans for US-VISIT last April, and new equipment for the system has already been purchased and sent to United States airports.

DHS Chief Privacy Officer Nuala O’Connor Kelly said in a public response that she wants the PIA done before the first phase of the project begins, even though the department is not legally required to have it, and that the PIA will be updated for the next phases of the project and as new technology and equipment is acquired.  Lieberman encouraged DHS to finish the privacy assessment for US-VISIT as soon as possible and observe the privacy law in all future information technology projects. 

US-VISIT will collect fingerprints and photographs from millions of visitors entering and exiting the United States every year.  The biometric systems will collect fingerprints and photographs from millions of visitors entering and exiting the United States every year.