Judge Rules Against Homeland Security Office in Privacy Suit
By Leslie Miller Associated Press Writer
Published: Jan 2, 2003
WASHINGTON (AP) - The Office of Homeland Security lost the first round in a
legal fight to keep its activities secret as a federal judge ruled it will
have to answer questions about its power over other federal agencies.
U.S. District Court Judge Colleen Kollar-Kotelly ordered the office to
prove it has no authority other than helping and advising President Bush if
it wants to dismiss a lawsuit seeking access to its records.
The ruling last week favored the Washington-based Electronic Privacy
Information Center, which is trying to get Homeland Security records on
proposals for a national driver's license and for a "trusted flyer" program
that relies on biometric information to identify airline passengers.
Kollar-Kotelly said the center "may inquire into the nature of the
authority delegated to (the Office of Homeland Security) to determine
whether or not it possesses independent authority."
David Sobel, attorney for the privacy group, called the ruling an
intermediate victory over Homeland Security Director Tom Ridge.
"This is about opening a window into the activities of what has been, until
now, a very secretive entity," Sobel said.
Homeland Security tried to get the lawsuit dismissed, claiming it doesn't
have to release records because it's not an agency. The privacy group said
it didn't have enough information to prove otherwise and asked for
permission to find out how the office exercises its authority.
The privacy group has until Feb. 24 to find out whether other agencies
receive instructions or directions from Homeland Security or if they have
to get the office's approval for policies or activities.
Homeland Security spokesman Brian Roehrkasse said the office is reviewing
the opinion and working with the Justice Department to figure out what to
do next.
The office, created by President Bush after the Sept. 11 terrorist attacks,
has consistently denied that it's an agency. Earlier this year, Ridge
refused to testify before Congress about the office's budget on the grounds
that he merely advises President Bush.
Homeland Security will no longer be able to make that argument when it
becomes a new federal department on Jan. 24.
Sobel said Homeland Security's increased power and reach will warrant even
closer public oversight.
The new department, for example, will receive information from the FBI,
which has expanded powers under the USA Patriot Act, passed in response to
the Sept. 11 terror attacks, Sobel said.
"We're already seeing an effort on the part of all the separate entities to
really close the door on any scrutiny," he said.
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On the Net:
Electronic Privacy Information Institute: http://www.epic.org
Office of Homeland Security: http://www.whitehouse.gov/homeland/
http://ap.tbo.com/ap/breaking/MGAJ9C58HAD.html
