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ChoicePoint Responds

April 8, 2005

ChoicePoint • Lexis-Nexis Parent To Buy ChoicePoint • ChoicePoint Settles Data Breach Lawsuit • More ChoicePoint Identity Theft Victims Identified • ChoicePoint Settles With Attorneys General Over Data Breach • FTC Finally Sets Up Redress For ChoicePoint Victims • ChoicePoint Names a "Consumer Advocate" • FTC Fails To Pay Victims Of ChoicePoint Data Breach • ChoicePoint Gets a Makeover • Data Blunders Cost ChoicePoint $15 Million • Guilty Plea in ChoicePoint Data Theft • ChoicePoint Finds More Cases Of Illegal Data Access • ChoicePoint Responds • PATRIOT Act Further Empowers ChoicePoint • Previous Data Thefts Went Unreported • Consumers Will Be Able to See Their ChoicePoint Records, Company Says • Nigerian Sentenced to Prison in ChoicePoint Theft • State Tally of ChoicePoint Victims • ChoicePoint Breach Worse Than First Reported • Is National Security Compromised by ID Theft? • States Demand ChoicePoint Notify ID Theft Victims • Private Information Stolen from Nationwide Consumer Database

We received the following response from ChoicePoint to Martin Bosworth's story, "ChoicePoint Finds More Cases Of Illegal Data Access."

I am writing to seek clarification of the September 20 story titled "ChoicePoint Finds More Cases Of Illegal Data Access."

In that article, it is stated that Carol DiBattiste "was hired to act as ChoicePoint's chief privacy and compliance officer in May of 2005. She had previously served as deputy administrator of the Transportation Security Administration (TSA), during which time the agency utilized data on airline passengers for its screening programs. The agency had received the data from JetBlue airlines, in violation of the Privacy Act."

Readers could understand from these sentences that Ms. DiBattiste was employed by TSA during the time of the JetBlue issue. It is important for your readers to know that, in fact, Ms. DiBattiste was not employed by TSA during that time. Ms. DiBattiste joined TSA in 2003. The JetBlue issue occurred in 2002.

It would be appreciated if you would clarify this important point on your website. Thank you.

Sincerely,

Kristen McCaughan

Martin Bosworth, author of the story in question, responds:

Though the actual data sale from JetBlue to the TSA (via TorchConcepts) took place September of 2002, the investigation wasn't publicly disclosed until well into 2003, during Ms. DiBattiste's tenure there. It's a matter of public record that the TSA was compiling and utilizing the passenger data even after the news was made public.

If I follow my timeline right, Ms. DiBattiste was hired in January 2003 as TSA's new chief of staff, and was promoted to deputy administrator after Stephen McHale stepped down. So she was acting as deputy administrator while TSA was dealing with the public response to the JetBlue data transfer, CAPPS II, and Secure Flight as well.

In fact, it's also a matter of record as to how Ms. DiBattiste addressed concerns about the usage of the JetBlue data from Nuala O'Connor Kelly, Privacy Officer for the Department of Homeland Security. So even if she was not employed at TSA during the actual transaction, she was certainly present during its usage and public reaction to same.

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