Few places feel more like a legal gray zone than airport security checkpoints. With their intimidating body scanners, uniformed officers, and stern warnings, it's easy to believe you have no choice but to comply with every request. In reality, travelers have significant legal rights at these checkpoints—rights that many Transportation Security Administration (TSA) agents won't volunteer.
Here's what you need to know about your legal rights at airport security, including when you can say "no" and what to do if your rights are violated.
You Have the Right to Refuse a Full-Body Scanner
Those full-body scanners (technically called Advanced Imaging Technology or AIT) that show a generic outline of your body are standard at most U.S. airports. What many travelers don't know is that you can legally refuse this screening.
What the TSA Won't Tell You:
TSA procedures explicitly allow passengers to opt out of AIT screening in favor of a pat-down. The TSA agent might make it sound like a hassle or imply it's suspicious to refuse the scanner, but this is your legal right.
While a pat-down is more time-consuming and involves physical contact, some travelers prefer it for health concerns, privacy reasons, or when traveling with certain medical devices that might trigger false alarms in the scanner.
How to Exercise This Right:
Simply tell the TSA officer directing you to the scanner, "I'd like to opt out, please." They should direct you to wait for an available officer of the same gender to conduct a pat-down. While waiting, you can stay within view of your belongings as they go through the X-ray machine.
You Can Record TSA Checkpoints (With Limitations)
Contrary to what some TSA agents might tell you, photography and video recording are allowed at security checkpoints as long as you're not interfering with the screening process or recording the X-ray and monitor screens.
What the TSA Won't Tell You:
TSA's own public guidance states: "TSA does not prohibit the public, passengers or press from photographing, videotaping or filming at security checkpoints, as long as the screening process is not interfered with or images of monitors are not captured."
This right has been crucial in documenting cases of TSA overreach or misconduct. However, be aware that individual airports may have their own photography policies for non-screening areas.
How to Exercise This Right:
If you wish to record an interaction:
- Keep a respectful distance that doesn't interfere with the screening process
- Avoid recording security monitor screens
- If challenged by TSA personnel, politely refer to TSA's own policy on photography
- Remember that while recording is allowed, delaying or disrupting screening is not
Your Medical Equipment Has Special Protections
Travelers with disabilities or medical conditions have significant legal protections under the Air Carrier Access Act and Americans with Disabilities Act.
What the TSA Won't Tell You:
You have the right to:
- Request a private screening for medical devices
- Remain with your medical equipment, mobility devices, and service animals during screening
- Request not to remove or disconnect from medical devices
- Ask that liquid medications exceeding 3.4 ounces be screened without being opened
You're entitled to accommodations for medical equipment like insulin pumps, ostomy bags, prosthetics, or CPAP machines. While these items will still need screening, you can request alternative methods that don't compromise your health.
How to Exercise This Right:
Inform the TSA officer about your medical condition before screening begins. You may want to carry a TSA notification card (available on the TSA website) or medical documentation, though this is not legally required. If necessary, ask to speak with a Passenger Support Specialist or supervisor.
Children Have Enhanced Privacy Rights
Parents and guardians often don't realize they have special options when traveling with children.
What the TSA Won't Tell You:
Children 12 and under:
- Can leave their shoes on during screening
- Will receive modified pat-down procedures if necessary
- Can be accompanied by a parent or guardian throughout any screening, including pat-downs
As a parent or guardian, you can request that your child not be separated from you during the screening process, and you can observe all screening procedures.
How to Exercise This Right:
Inform TSA officers that you wish to accompany your child through all screening procedures. If they suggest separating, politely but firmly restate your right to remain with your child.
Your Right to Keep Your ID in Your Possession
While you must verify your identity at the checkpoint, you don't have to surrender your ID to TSA agents.
What the TSA Won't Tell You:
The law requires that you verify your identity, but it doesn't require that you hand over your ID to be taken out of your sight. The TSA agent needs to see and verify your identification, but you have the right to hold onto your ID during this process or keep it in view.
This may seem trivial, but it prevents potential identity theft and ensures your important document doesn't get mixed up with others.
How to Exercise This Right:
When showing your ID and boarding pass, you can politely say, "I'd prefer to hold my ID while you verify it." Most agents will simply check it while you hold it, though some may insist on handling it briefly. If they need to examine it more closely, you can ask to keep it within your view.
Your Data Has Legal Protections
The TSA and Customs and Border Protection (CBP) collect significant data during the screening process, but this information has legal protections.
What the TSA Won't Tell You:
Under the Privacy Act of 1974 and TSA's own privacy policies:
- You have the right to access information the government maintains about you
- The TSA and Department of Homeland Security must disclose how they use passenger information
- Data collected must be relevant to security purposes
If you believe your information has been misused or improperly collected, you have legal recourse through Privacy Act requests and complaints.
How to Exercise This Right:
You can submit a Privacy Act request to the TSA or DHS for your travel records. For suspected misuse of information, file a complaint with the DHS Office of Civil Rights and Civil Liberties or the DHS Privacy Office.
You Can't Be Detained Without Reasonable Suspicion
While the TSA can prevent you from entering the secure area of an airport, they cannot indefinitely detain you without reasonable suspicion of a crime.
What the TSA Won't Tell You:
TSA officers are not law enforcement officers. They can deny you entry to the secure area of the airport if you refuse screening, but they cannot arrest you or detain you beyond the necessary security screening without involving law enforcement, who must have reasonable suspicion or probable cause.
If you're asked to stay in a separate area after clearing security for additional questioning, you can politely ask if you're being detained and on what grounds. Without specific suspicion of a crime, you should be free to proceed to your gate.
How to Exercise This Right:
If you feel you're being improperly detained:
- Politely ask if you're free to go to your gate
- If told you must stay, ask what specific suspicion warrants your detention
- Request to speak with a supervisor or airport police if you believe your rights are being violated
- Remember to remain calm and respectful throughout—hostility will never improve the situation
You Have the Right to Speak Your Preferred Language
If English isn't your primary language, you have the right to request assistance in your preferred language.
What the TSA Won't Tell You:
Executive Order 13166 requires federal agencies, including the TSA, to provide meaningful access to their services for people with limited English proficiency. The TSA should have procedures in place to assist travelers who don't speak English fluently.
How to Exercise This Right:
You can request an interpreter or ask if there's a TSA agent who speaks your language. In major international airports, multilingual staff are typically available, though there may be a short wait.
If Your Rights Are Violated
Despite these legal protections, rights violations do occur. If you believe your rights have been violated during airport screening, you have several options:
- File a complaint with the TSA: Visit the TSA website or call 866-289-9673
- Contact the DHS Office of Civil Rights and Civil Liberties: This office handles civil rights violations by TSA personnel
- Consider legal action: For serious violations, consult with a civil rights attorney
Document the incident as thoroughly as possible, including names, badge numbers, time, date, and location. If there were witnesses, ask for their contact information.
Balancing Security and Rights
Understanding your rights doesn't mean you should obstruct legitimate security procedures. Airport security serves an important purpose. However, knowing your legal protections ensures that security measures don't unnecessarily infringe on your civil liberties.
By exercising your rights respectfully and understanding where the boundaries lie, you can navigate airport security with confidence and dignity while still contributing to a safe travel environment.
