How to Opt-Out of Airlines Selling Your Travel Data to the Government
Most people probably have no idea that when you book a flight through major travel websites, a data broker owned by U.S. airlines then sells details about your flight, including your name, credit card used, and where you’re flying to the government. The data broker has compiled billions of ticketing records the government can search without a warrant or court order. The data broker is called the Airlines Reporting Corporation (ARC), and, as 404 Media has shown, it sells flight data to multiple parts of the Department of Homeland Security (DHS) and a host of other government agencies, while contractually demanding those agencies not reveal where the data came from.
It turns out, it is possible to opt-out of this data selling, including to government agencies. At least, that’s what I found when I ran through the steps to tell ARC to stop selling my personal data. Here’s how I did that:
- I emailed privacy@arccorp.com and, not yet knowing the details of the process, simply said I wish to delete my personal data held by ARC.
- A few hours later the company replied with some information and what I needed to do. ARC said it needed my full name (including middle name if applicable), the last four digits of the credit card number used to purchase air travel, and my residential address.
- I provided that information. The following month, ARC said it was unable to delete my data because “we and our service providers require it for legitimate business purposes.” The company did say it would not sell my data to any third parties, though. “However, even though we cannot delete your data, we can confirm that we will not sell your personal data to any third party for any reason, including, but not limited to, for profiling, direct marketing, statistical, scientific, or historical research purposes,” ARC said in an email.
- I then followed up with ARC to ask specifically whether this included selling my travel data to the government. “Does the not selling of my data include not selling to government agencies as part of ARC’s Travel Intelligence Program or any other forms?” I wrote. The Travel Intelligence Program, or TIP, is the program ARC launched to sell data to the government. ARC updates it every day with the previous day’s ticket sales and it can show a person’s paid intent to travel.
- A few days later, ARC replied. “Yes, we can confirm that not selling your data includes not selling to any third party, including, but not limited to, any government agency as part of ARC’s Travel Intelligence Program,” the company said.
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Do you know anything else about ARC or other data being sold to government agencies? I would love to hear from you. Using a non-work device, you can message me securely on Signal at joseph.404 or send me an email at joseph@404media.co.
Honestly, I was quite surprised at how smooth and clear this process was. ARC only registered as a data broker with the state of California—a legal requirement—in June, despite selling data for years.
What I did was not a formal request under a specific piece of privacy legislation, such as the European Union’s General Data Privacy Regulation (GDPR) or the California Consumer Privacy Act (CCPA). Maybe a request to delete information under the CCPA would have more success; that law says California residents have the legal right to ask to have their personal data deleted “subject to certain exceptions (such as if the business is legally required to keep the information),” according to the California Department of Justice’s website.
ARC is owned and operated by at least eight major U.S. airlines, according to publicly released documents. Its board includes representatives from Delta, United, American Airlines, JetBlue, Alaska Airlines, Canada’s Air Canada, and European airlines Air France and Lufthansa.
Public procurement records show agencies such as ICE, CBP, ATF, TSA, the SEC, the Secret Service, the State Department, the U.S. Marshals, and the IRS have purchased ARC data. Agencies have given no indication they use a search warrant or other legal mechanism to search the data. In response to inquiries from 404 Media, ATF said it follows “DOJ policy and appropriate legal processes” and the Secret Service declined to answer.
An ARC spokesperson previously told 404 Media in an email that TIP “was established by ARC after the September 11, 2001, terrorist attacks and has since been used by the U.S. intelligence and law enforcement community to support national security and prevent criminal activity with bipartisan support. Over the years, TIP has likely contributed to the prevention and apprehension of criminals involved in human trafficking, drug trafficking, money laundering, sex trafficking, national security threats, terrorism and other imminent threats of harm to the United States.” At the time, the spokesperson added “Pursuant to ARC’s privacy policy, consumers may ask ARC to refrain from selling their personal data.”
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Airlines Sell 5 Billion Plane Ticket Records to the Government For Warrantless Searching
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This article was primarily reported using public records requests. We are making it available to all readers as a public service. FOIA reporting can be expensive, please consider subscribing to 404 Media to support this work. Or send us a one time donation via our tip jar here.A data broker owned by the country’s major airlines, including American Airlines, United, and Delta, is selling access to five billion plane ticketing records to the government for warrantless searching and monitoring of peoples’ movements, including by the FBI, Secret Service, ICE, and many other agencies, according to a new contract and other records reviewed by 404 Media.
The contract provides new insight into the scale of the sale of passengers’ data by the Airlines Reporting Corporation (ARC), the airlines-owned data broker. The contract shows ARC’s data includes information related to more than 270 carriers and is sourced through more than 12,800 travel agencies. ARC has previously told the government to not reveal to the public where this passenger data came from, which includes peoples’ names, full flight itineraries, and financial details.
“Americans' privacy rights shouldn't depend on whether they bought their tickets directly from the airline or via a travel agency. ARC's sale of data to U.S. government agencies is yet another example of why Congress needs to close the data broker loophole by passing my bipartisan bill, the Fourth Amendment Is Not For Sale Act,” Senator Ron Wyden told 404 Media in a statement.
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Do you know anything else about ARC or the sale of this data? I would love to hear from you. Using a non-work device, you can message me securely on Signal at joseph.404 or send me an email at joseph@404media.co.ARC is owned and operated by at least eight major U.S. airlines, publicly released documents show. Its board of directors includes representatives from American Airlines, Delta, United, Southwest, Alaska Airlines, JetBlue, and European airlines Air France and Lufthansa, and Canada’s Air Canada. ARC acts as a bridge between airlines and travel agencies, in which it helps with fraud prevention and finds trends in travel data. ARC also sells passenger data to the government as part of what it calls the Travel Intelligence Program (TIP).
TIP is updated every day with the previous day’s ticket sales and can show a person’s paid intent to travel. Government agencies can then search this data by name, credit card, airline, and more.
The new contract shows that ARC has access to much more data than previously reported. Earlier coverage found TIP contained more than one billion records spanning more than 3 years of past and future travel. The new contract says ARC provides the government with “5 billion ticketing records for searching capabilities.”
Screenshots of the documents obtained by 404 Media.
404 Media obtained the contract through a Freedom of Information Act (FOIA) with the Secret Service. The contract indicates the Secret Service plans to pay ARC $885,000 for access to the data stretching into 2028. A spokesperson for the agency told 404 Media “The U.S. Secret Service is committed to protecting our nation’s leaders and financial infrastructure in close coordination with our federal, state, and local law enforcement partners. To safeguard the integrity of our work, we do not discuss the tools used to conduct our operations.” The Secret Service did not answer a question on whether it seeks a warrant, subpoena, or court order to search ARC data.
404 Media has filed FOIA requests with a wide range of agencies that public procurement records show have purchased ARC data. That includes ICE, CBP, ATF, the SEC, TSA, the State Department, U.S. Marshals, and the IRS. A court record reviewed by 404 Media shows the FBI has asked ARC to search its databases for a specific person as part of a drug investigation.
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The ATF told 404 Media in a statement “ATF uses ARC data for criminal and investigative purposes related to firearms trafficking and other investigations within ATF’s purview. ATF follows DOJ policy and appropriate legal processes to obtain and search the data. Access to the system is limited to a very small group within ATF, and all subjects searched within ARC must be part of an active, official ATF case/investigation.”An ARC spokesperson told 404 Media in an email that TIP “was established by ARC after the September 11, 2001, terrorist attacks and has since been used by the U.S. intelligence and law enforcement community to support national security and prevent criminal activity with bipartisan support. Over the years, TIP has likely contributed to the prevention and apprehension of criminals involved in human trafficking, drug trafficking, money laundering, sex trafficking, national security threats, terrorism and other imminent threats of harm to the United States.”
The spokesperson added “Pursuant to ARC’s privacy policy, consumers may ask ARC to refrain from selling their personal data.”
After media coverage and scrutiny from Senator Wyden’s office of the little-known data selling, ARC finally registered as a data broker in the state of California in June. Senator Wyden previously said it appeared ARC had been in violation of Californian law for not registering while selling airline customers’ data for years.
Airline-Owned Data Broker Selling Your Flight Info to DHS Finally Registers as a Data Broker
It’s a legal requirement for data brokers to register in the state of California. ARC, the airlines-owned data broker that has been selling your flight information to the government for years, only just registered after being contacted by the office …Joseph Cox (404 Media)
