EPIC settled an appeal for their FOIA (Freedom of Information Act) case against DHS and finally obtained body scanner radiation fact sheets. Prior to this appeal, EPIC states that the DHS's Transportation Security Administration (TSA) "withheld test results, fact sheets, and estimates regarding the radiation risks of body scanners used to screen passengers at airports."

EPIC first filed the FOIA request on July 13, 2010 with the US Department of Homeland Security (DHS). The request was for "agency records that directly relate to the radiation risks posed by TSA's full body scanner program."

EPIC reports that "DHS acknowledged receipt of EPIC's FOIA request, but failed to disclose any documents." EPIC then sued DHS for the documents on November 19, 2010 (2).