ARC Data Sale Faces Heat Over Federal Warrantless Access

ARC Data Sale Faces Heat Over Federal Warrantless Access

The ARC Data Sale to U.S. government agencies has come under intense scrutiny following reports of warrantless access to Americans’ travel records.

After growing pressure from lawmakers, the Airlines Reporting Corporation (ARC), a data broker collectively owned by major U.S. airlines, has announced it will shut down its Travel Intelligence Program (TIP), a system that allowed federal agencies to search through hundreds of millions of passenger travel records without judicial oversight.

Lawmakers Question ARC Data Sale and Warrantless Access

Concerns over the ARC Data Sale intensified this week after a bipartisan group of lawmakers sent letters to nine airline CEOs urging them to stop the practice immediately. The letter cited reports that government agencies, including the Department of Homeland Security (DHS), the Internal Revenue Service (IRS), the Securities and Exchange Commission (SEC), and the FBI had been accessing ARC’s travel database without obtaining warrants or court orders.

According to the lawmakers, ARC sold access to a system containing approximately 722 million ticket transactions covering 39 months of past and future travel data. This includes bookings made through more than 10,000 U.S.-based travel agencies, popular online travel portals like Expedia, Kayak, and Priceline, and even credit-card reward program bookings. Travel details in this database include a passenger’s name, itinerary, flight numbers, fare details, ticket numbers, and sometimes credit card digits used during the purchase.

Documents released through public records requests show that the FBI received travel records from ARC based solely on written requests, bypassing the need for subpoenas. DHS described the database as “an unparalleled intelligence resource.”

IRS Admits Policy Violations in Handling Travel Data

A central point of concern is the revelation that the IRS accessed ARC’s travel database without conducting a legal review or completing a required Privacy Impact Assessment. Under the E-Government Act of 2002, federal agencies must complete such assessments before procuring systems that collect personal data.

In a disclosure to Senator Ron Wyden, the IRS admitted it had purchased ARC’s airline data without meeting these requirements. The agency only completed the privacy assessment after receiving an oversight inquiry in 2025.

It also confirmed that it had not initially reviewed whether accessing the travel data constituted a search that required a warrant, despite previous commitments to do so after a 2021 investigation into cell-phone location data purchases.

Prospective Surveillance Raises New Privacy Concerns

Beyond historical travel data, lawmakers highlighted that ARC’s tools enabled what they termed “prospective surveillance.” Through automated, recurring searches, government agencies could receive alerts the moment a ticket matching specific criteria was booked. This type of forward-looking monitoring typically requires a higher legal threshold and is allowed only in limited circumstances authorized by Congress.

Lawmakers argued that buying such capabilities from a data broker like ARC allowed agencies to circumvent the Fourth Amendment, undermining Americans’ constitutional protection against unreasonable searches. Because ARC only captures bookings made through travel agencies, individuals booking directly with airlines do not have their travel data in the system, effectively creating inconsistent privacy protections based solely on how a ticket is purchased.

ARC Confirms End of Travel Intelligence Program

In a letter sent on Tuesday, ARC CEO Lauri Reishus informed lawmakers that the company would end the Travel Intelligence Program in the coming weeks. The decision follows public and political pressure since September, when media reports first revealed the extent of ARC’s data-sharing arrangements with government agencies.

Lawmakers noted that airlines benefit financially when passengers book tickets directly, raising concerns that the surveillance program not only threatened privacy rights but also created potential antitrust implications.

As lawmakers push for stronger privacy protections and clearer limits on government surveillance, the ARC data sale case has become a high-profile example of how easily personal travel data can be accessed and shared without passengers’ knowledge.



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