Transportation Security Administration supervisor Nick Fox, right, demonstrates new software being tested with advanced imaging technology at McCarran International Airport Tuesday, Feb. 1, 2011, in Las Vegas. (AP Photo/Julie Jacobson)
A Transportation Security Administration agent looks over a license at a security check point in the Portland International Airport Tuesday, May 8, 2012, in Portland, Ore. (AP Photo/Rick Bowmer)
It’s been one year since a federal court ordered the Transportation Security Administration to open up its new body scanner system to a process that includes taking comments from the public and justifying the policy, yet the TSA has not yet followed through with the order yet.
Because the agency hasn’t complied, the Electronic Privacy Information Center (EPIC) organization plans to file a motion with the U.S. Court of Appeals for the D.C. Circuit on Tuesday to ask the court to enforce it.
Ginger McCall, a director at EPIC, confirmed to The Daily Caller on Monday that the group is planning to file the motion Tuesday about the failure of TSA to comply with the court’s notice-and-comment rulemaking order.
“A year has passed,” McCall told TheDC. “The agency has not demonstrated any steps to indicate that they have taken that notice-and-comment rule making. We are filing a motion with a court to ask the court to enforce their own order.”
McCall cited “ongoing concerns about radiation risks” and “questions about the effectiveness of these machines” as reasons why the process needs to start.
“That really indicates that the agency needs to allow the public to weigh in on whether or not the public feels this is worthwhile,” he said.
But in a statement provided to TheDC, TSA spokeswoman Lorie Dankers said the agency is already “working on a Notice of Proposed Rulemaking (NPRM) to respond to the decision of the U. S. Court of Appeals for the District of Columbia Circuit.”