Jazmin Li
Facial recognition technology is increasingly being used at airports to verify travellers' identities. While this technology is designed to enhance security and improve traveller convenience, it has also raised concerns about privacy and data security. As a result, travellers may be wondering if they can refuse facial recognition at airports. The answer is yes – in most cases, travellers have the right to opt out of facial recognition scans and choose an alternative identity verification method without facing negative consequences or delays. However, there are also reports of travellers encountering intimidation or disrespect from TSA agents when opting out, and concerns that facial recognition could become mandatory for flying.
| Characteristics | Values |
|---|---|
| Is it mandatory? | No, it is optional. |
| Can you refuse it? | Yes, you can refuse it. |
| What happens if you refuse? | You will be asked to verify your identity through an alternative ID credential check. |
| Will you be delayed if you refuse? | No, you will not be delayed. |
| Is there any negative consequence for refusing? | No, there is no negative consequence for refusing. |
| Is it safe to share your data? | Privacy experts have concerns about data security. |
| Is it safe to refuse? | Some people have reported intimidation or disrespect from TSA agents when they opted out. |
| Is it available at all airports? | No, but it will be expanded to more airports in the coming years. |
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What You'll Learn
Facial recognition technology is optional
Facial recognition technology is currently in use at select airports across the United States. The technology was introduced by the Transportation Security Administration (TSA) as a "security enhancement" and to improve "traveller convenience". However, it is important to note that participation in facial recognition screening is entirely optional.
The TSA has stated that travellers who do not wish to participate in facial recognition screening may decline and opt for an alternative identity verification process that does not use this technology. This alternative process will not result in any negative consequences, delays, or additional security screening for travellers. The TSA is committed to protecting traveller privacy, civil rights, and civil liberties, and has posted signage at checkpoints to indicate that the technology is optional. Additionally, the TSA publishes Privacy Impact Assessments (PIAs) to notify the public about facial recognition technology and privacy protections.
It is worth noting that there have been concerns raised by privacy experts, government officials, and travellers regarding the use of facial recognition technology at airports. Some travellers have reported encountering intimidation or disrespect from TSA agents when they opted out of facial recognition screening. There is also a concern that the choice to opt out may not feel like an equal option for everyone, as some travellers may be hesitant to exercise their rights.
While the TSA has stated that photos are not stored or saved after a positive ID match, there are concerns about the potential for government agencies to repurpose people's data. Additionally, a bipartisan bill was introduced in 2023 by Senators John Kennedy and Jeff Merkley, aiming to prohibit the use of facial recognition screening at airports, citing concerns about privacy and freedom.
In conclusion, travellers have the option to refuse facial recognition screening at airports and can choose an alternative identity verification process without facing any negative consequences or delays. However, it is important to be aware of the ongoing discussions and concerns surrounding the use of facial recognition technology, and to stay informed about any updates or changes to TSA policies and procedures.
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Alternative ID checks are available
Facial recognition technology is not mandatory, and travellers can opt for an alternative ID check. This alternative ID check does not use facial recognition technology to verify identity and will not cause delays in the security screening process.
The Transportation Security Administration (TSA) has stated that travellers who do not wish to participate in facial recognition technology may decline and choose an alternative identity verification process. This is also communicated through signage at the checkpoints.
There are several alternative forms of identification that can be used to verify identity at the airport. These include:
- State-issued Enhanced Driver's License (EDL) or Enhanced ID (EID)
- U.S. passport
- U.S. passport card
- DHS trusted traveler cards (Global Entry, NEXUS, SENTRI, FAST)
- U.S. Department of Defense ID, including IDs issued to dependents
- Acceptable photo ID issued by a federally recognized Tribal Nation/Indian Tribe, including Enhanced Tribal Cards (ETCs)
- U.S. Citizenship and Immigration Services Employment Authorization Card (I-766)
- U.S. Merchant Mariner Credential
In some cases, passengers without acceptable forms of ID may be directed to a separate area for additional screening and identity verification. This may include providing information such as their name, current address, and other personal details.
It is worth noting that the TSA does not require children under 18 to provide identification when travelling domestically. Additionally, passengers can enrol in expedited airport security programs such as Clear, which uses biometric authentication (fingerprint or eye scan) instead of traditional ID checks.
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Photos are deleted after verification
Facial recognition technology is becoming increasingly common at airports, with the TSA expanding its use across the country. This technology is used to verify a traveller's identity, by matching their face to the photo on their passport or visa. While this technology is designed to enhance security and improve traveller convenience, it has also raised concerns about privacy.
The TSA emphasises that participation in facial recognition is voluntary. Travellers who do not wish to have their photo taken can decline and request an alternative identity verification process, such as presenting a physical ID or passport. This option is communicated to travellers through signage at checkpoints, passenger-facing screens, officer advisements, and the TSA website. It is important to note that opting out of facial recognition will not result in any negative consequences or delays during the security screening process.
Photos taken for facial recognition verification are not stored or saved after a positive ID match has been made. The TSA asserts that these photos are only used for identity verification and are not shared with other entities for law enforcement or surveillance purposes. However, in a limited testing environment, photos may be temporarily retained for evaluating the effectiveness of the technology.
While the TSA's facial recognition technology is optional, some travellers and privacy experts have expressed concerns about the potential implications for privacy and data security. There is a fear that providing facial recognition data to the government may lead to increased use of this technology in other areas of infrastructure. Additionally, there have been legislative efforts to prohibit or pause the use of facial recognition at airports, reflecting ongoing debates about the balance between security and privacy.
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Privacy concerns and risks
The use of facial recognition technology at airports has raised several privacy concerns and risks. While the Transportation Security Administration (TSA) claims that the technology is used solely for identity verification and that photos are not stored, critics argue that there are risks of data misuse, surveillance, and discrimination.
One of the main concerns is the potential for privacy violations through the misuse of sensitive biometric data. Travellers worry that their data may be held for longer than necessary and used for purposes other than identity verification, such as surveillance and tracking. There is also a fear that widespread use of facial recognition technology could lead to a national surveillance state, where citizens are constantly monitored. This concern is particularly acute for marginalized communities, who may already face discrimination in other areas of their lives.
Another issue is the accuracy of facial recognition technology. Studies have shown that the technology misidentifies women of colour, transgender and non-binary individuals at high rates. This raises questions about the fairness and reliability of the technology, especially for those who are already underrepresented or marginalized. Additionally, there are concerns that travellers are not fully informed about their consent options and the ability to opt out of the facial recognition process. Many travellers may unwittingly surrender their privacy rights without realizing they have a choice.
In response to these concerns, some US senators have introduced legislation, such as the Traveler Privacy Protection Act of 2023, aimed at banning or regulating the use of facial recognition technology by the TSA. Privacy experts recommend that travellers opt out of facial recognition screening and choose alternative forms of identity verification when possible. While the TSA asserts that opting out will not result in any negative consequences or delays, travellers should be aware of their rights and choices regarding their personal data and privacy.
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Legislation to ban the practice
In 2023, Senators John Kennedy (R-La.) and Jeff Merkley (D-Ore.) introduced a bipartisan bill, the Traveler Privacy Protection Act, to prohibit the use of facial recognition screening at airports. The bill was sponsored by Senators Edward Markey (D-Mass.), Roger Marshall (R-Kan.), Bernie Sanders (I-Vt.), and Elizabeth Warren (D-Mass.). The legislation aims to prevent the Transportation Security Administration (TSA) from using facial recognition technology and collecting facial biometric data at US airports.
The bill has gained support from civil rights groups such as the ACLU and the Electronic Privacy Information Center, who argue that it will protect the privacy and civil liberties of Americans, especially marginalized communities that are systematically targeted by law enforcement and TSA. However, it has faced opposition from airlines and airports, which argue that restricting facial recognition technology will slow down security and increase wait times for travellers, and undermine years of investment in airport security and digital transformation.
Despite the opposition, the bill continues to gather bipartisan support, with Senators Chris Van Hollen (D-Md.) and Steve Daines (R-Mont.) signing on as cosponsors. The legislation is currently under review by the US Senate Commerce Committee, with a scheduled markup by the Senate Commerce, Science, and Transportation Committee.
While the bill aims to ban facial recognition technology at airports, it is important to note that travellers can currently opt out of facial recognition screening at TSA checkpoints. The TSA has stated that travellers who do not wish to participate in facial recognition technology may decline and choose an alternative identity verification process without facing negative consequences or delays.
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Frequently asked questions
Yes, you can refuse to have your photo taken for facial recognition at the airport.
If you refuse facial recognition, you will be subject to an alternative identity verification process that does not use facial recognition technology. This may include presenting a physical identification or passport for verification.
Privacy experts have expressed concerns about the use of facial recognition technology at airports. By opting out of facial recognition, you can take back your personal data rights and reduce the risk of data breaches.
To refuse facial recognition at the airport, simply inform the TSA officer that you do not wish to participate. You may also look out for signs posted at checkpoints using facial recognition technology, which will highlight your right to decline.
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