I opted-out of airlines selling my data to the government

Hey there, Joseph here with a PSA. You can opt-out of a data broker selling your travel information to the government to be searched without a warrant. This is ARC, the data broker owned by major U.S. airlines, that collects billions of ticketing records and sells them. Details on what I did below.

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:

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1. 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.
2. 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. 
3. 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.
4. 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.
5. 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.

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.”