The complaint to Hughes detailed five separate incidents that occurred between 2018 and 2022. The complaints were reviewed by Ministers last year.
The man had a metal hip and was a frequent air traveller, meaning he was often pulled aside for a pat down after going through a metal detector at an airport.
At an incident in May 2018, the man said an AvSec officer’s hand touched his “genitals” as the officer’s hand swept the inside of the thigh.
He said this was unnecessary because the officer’s wand, which detects metal, had not let off a beep when in the thigh or crotch area, indicating it did not need to be manually searched. He was also not given any “advance description of how the search was to be conducted”.
The Civil Aviation Authority apologised to the man the same week of the search, admitting the consent to search was not “requested nor granted”, saying it was “incorrect and inappropriate”.
It promised to retrain the officer who conducted the search.
Other subsequent complaints were less severe. One included an AvSec officer placing a hand on the man’s hip before he had consented to a search. Some of the complaints were disputed by CAA.
The man’s relationship with CAA grew so fractious that he began taking handwritten notes in front of an AvSec manager at the time of his searches. In a letter to the CAA he was described as “traumatised” by his experience at airport security.
The man’s letter revealed that the CAA had refused to release to him CCTV video footage of an incident he described. He was only able to get the video footage released after complaining to the Ombudsman. The Herald has not seen the video footage.
In April 2022, after a long falling out with the CAA, the man emailed Hughes, the then-head of the Public Service Commission, the boss of public service bosses.
His complaint wanted better processes from CAA staff for obtaining the informed consent of people before pat-down searches.
He wanted information “made available to passengers to advise them that a body part will not, and indeed must not, be touched by an officer unless a security wand has specifically indicated on that body part, or unless some other reasonable cause exists”.
“Such knowledge provided to the public will prevent opportunist indecent touching occurring,” he wrote.
He alleged the CAA and AvSec had told “lies” and “mistruths” about his experience.
“I genuinely now fear Aviation Security searches,” he wrote.
“I fear how I might be touched during them, and especially now... how I might be portrayed if I try to ask about a search before it starts or complain about a search after it happens,” he wrote.
The letter was fired back to officials and the Minister, and ultimately no review took place.
Aviation Security group manager of operations, Karen Urwin, told the Herald the organisation could “confirm that a member of the public complained about their experience of pat-down searches, specifically around whether they were invited to give their consent, five times between 2018 and 2021″.
Urwin said the organisation had “considerable engagement” with the person concerned, but that the “complaints are now closed”.
“As a result of those complaints, we reviewed each case and, where appropriate, provided refresher training for our staff for conducting pat-downs accordingly, including reinforcing the need to obtain consent.
“If a body scanner identifies an anomaly, a pat-down search is required to proceed through security. A pat-down search involves an officer of the same gender, running their hand over the identified clothed area(s) of your person. The pat-down search can be requested to occur in private, out of the view of others.”
Urwin said staff were “trained to conduct pat-down searches respectfully and safely,” and that for sensitive areas, the back of the hand was to be used.
If someone feels they have been treated inappropriately, they can send a complaint, which can result in CCTV footage being reviewed. The individual mentioned in this story, however, was forced to use the Official Information Act to see his own footage.
“Complaints are followed up and appropriate corrective action is taken if mistakes are made,” Urwin said.
Thomas Coughlan is Deputy Political Editor and covers politics from Parliament. He has worked for the Herald since 2021 and has worked in the press gallery since 2018.
