The U.S. Transportation Security Administration (the “TSA”) has failed to comply with a court order that it hold public hearings about the nude body scanners used in airport security. The hearings were ordered by the U.S. Circuit Court of Appeals for the District of Columbia Circuit on July 15, 2011 in connection with a constitutional challenge by the Electronic Privacy Information Center. The challenge centred on the concerns of the graphic nature of the human images, the potential health risks and the scanners’ effectiveness, and that the TSA failed to hold a 90-day public comment period prior to deciding to deploy the devices. The TSA was ordered “to act promptly” and hold public hearings and publicly adopt rules and regulations about the scanners’ use. The TSA cited staffing issues and approval from other government departments and denied any undue delay.
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