Invasion of privacy encompasses several different torts. One is unreasonably intruding on the seclusion or solitude of a person. Another tort is battery, an act that includes touching someone inappropriately and thereby causing harm. Keep in mind that to some folks, getting groped can be as bad as or worse than getting punched in the nose.
Whether one's privacy has been invaded is always based on what is reasonable under the circumstances. And in the case of TSA and airport security, the law provides for conditional invasion to try to increase safety. That means that if you choose to fly, you agree to accept that conditional invasion. And though it sounds harsh, people who feel violated by it can always choose not to fly.
That does not mean you abandon all privacy rights, however, if you do choose to fly. Here are the rules about what is lawful and what is not:
- If an agent wants to scrutinize you after you go through the scanner, you can request it be done (a) in private, (b) with a witness or traveling companion and (c) with an agent of your same gender.
- You cannot refuse to be touched if they think they need to touch you.
- Strip searches are not permitted. You should not be asked for one, nor should you submit to one.
- Advanced imaging technology (the cameras that take photos of what's beneath your clothing) is optional for everyone. If you refuse, however, you must go through alternative screening which includes a pat-down.
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