Facial Recognition at Airports: A New Bill Aims to Limit TSA's Practice

Facial recognition technology is increasingly being deployed at U.S. airports, raising both convenience and privacy concerns. While the Transportation Security Administration (TSA) touts the technology's efficiency and accuracy, a bipartisan bill is being proposed to limit its use and protect travelers' privacy.

The Rise of Facial Scanning at Airports

At many U.S. airports, passengers are now asked to step up to a machine that scans their face and compares it to their identification card. While travelers technically have the option to opt out and have an agent perform a visual check, many are unaware of this choice. This increasing reliance on facial recognition has prompted concerns about potential privacy violations and the creation of a surveillance state.

• Growing Adoption: Facial recognition is becoming standard practice at more and more U.S. airports.
• Opt-Out Option: Travelers can opt out, but many are not aware of this right.
• Efficiency Claims: The TSA claims the technology is more efficient and accurate than human checks.

The Traveler Privacy Protection Act

Sens. Jeff Merkley (D-Oregon) and John Neely Kennedy (R-Louisiana) are introducing the Traveler Privacy Protection Act, a bipartisan bill designed to address these concerns. This bill seeks to make human ID checks the default and impose restrictions on how the TSA can use facial recognition technology.

Key Provisions of the Bill:

• Opt-In Requirement: Facial recognition would only be allowed if travelers explicitly opt in.
• Limited Use: The technology could only be used for identity verification purposes.
• Data Deletion: Scans of general boarding passengers would be immediately deleted after the check is complete.
• No Discrimination: The TSA would be prohibited from treating passengers who opt out any differently.
• No Mass Surveillance: The agency would be forbidden from using face-scanning technology to target people or conduct mass surveillance.

Privacy Concerns and the Surveillance State

Senator Merkley has voiced strong concerns about the potential for facial recognition technology to be used as an instrument of oppression, citing China's use of the technology on its Uyghur minority. He argues that unchecked expansion of facial recognition could lead to a national surveillance state, posing a significant threat to freedom and privacy.

"Facial recognition is incredibly powerful, and it is being used as an instrument of oppression around the world to track dissidents whose opinion governments don't like," Merkley said. "It really creates a surveillance state. That is a massive threat to freedom and privacy here in America, and I don't think we should trust any government with that power...."

TSA's Perspective

The TSA began testing face scans in 2021 for people enrolled in "trusted traveler" programs like TSA PreCheck. By 2022, the program was quietly rolled out to general boarding passengers. Currently, it is active in at least 84 airports, with plans to expand to over 400 airports in the coming years. The agency maintains that the technology improves efficiency and accuracy and that travelers' face scans are not stored or saved after a match is made, except for limited tests to evaluate the technology's effectiveness.

Audit and Investigation

Earlier this year, the Department of Homeland Security inspector general initiated an audit of the TSA's facial recognition program. This audit follows a letter from a bipartisan group of senators, led by Senator Merkley, calling for an investigation into the TSA's facial recognition plans. The senators noted that the technology is not foolproof and that effective alternatives are already in use.

The Debate Over Convenience vs. Privacy

The increasing use of facial recognition technology at airports highlights the ongoing debate between convenience and privacy. While the TSA argues that the technology streamlines the security process and improves accuracy, privacy advocates raise concerns about the potential for misuse and the erosion of civil liberties. The Traveler Privacy Protection Act represents an effort to strike a balance between these competing interests by limiting the use of facial recognition and ensuring that travelers have the right to opt out.

The Future of Facial Recognition in Airports

The outcome of the Traveler Privacy Protection Act could have significant implications for the future of facial recognition technology in airports. If the bill passes, it could set a precedent for stricter regulations on the use of biometric data in other public spaces. Conversely, if the bill fails, it could pave the way for further expansion of facial recognition technology with fewer safeguards for privacy.

Arguments For and Against Facial Recognition at Airports

Arguments in Favor:

• Increased Efficiency: Facial recognition can speed up the security screening process, reducing wait times for travelers.
• Improved Accuracy: The TSA claims that facial recognition is more accurate than human identity checks, reducing the risk of errors.
• Enhanced Security: Facial recognition can help identify individuals who may pose a security risk, such as those on watchlists.
• Reduced Contact: In a post-pandemic world, facial recognition can minimize contact between travelers and TSA agents, reducing the spread of germs.

Arguments Against:

• Privacy Concerns: Facial recognition raises concerns about the collection and storage of sensitive biometric data.
• Potential for Misuse: The technology could be used for mass surveillance or to target specific groups of people.
• Accuracy Issues: Facial recognition technology is not always accurate, particularly for people of color and women.
• Lack of Transparency: The public is often unaware of how facial recognition technology is being used and what safeguards are in place to protect their privacy.
• Erosion of Civil Liberties: The widespread use of facial recognition could lead to a chilling effect on freedom of expression and assembly.

The Importance of Informed Consent

One of the key issues raised by the use of facial recognition at airports is the lack of informed consent. Many travelers are unaware that they have the option to opt out of the scan and have their ID checked manually. It is crucial that the TSA and other airport authorities provide clear and conspicuous notice to travelers about their rights and options.

The Need for Regulation and Oversight

Given the potential risks associated with facial recognition technology, it is essential that its use be subject to strict regulation and oversight. This includes:

• Clear Legal Framework: Laws should be enacted to govern the collection, storage, and use of facial recognition data.
• Independent Oversight: An independent body should be established to oversee the use of facial recognition technology and ensure compliance with privacy laws.
• Transparency and Accountability: The public should have access to information about how facial recognition technology is being used and who is responsible for its operation.
• Data Security Measures: Robust security measures should be implemented to protect facial recognition data from unauthorized access and misuse.
• Regular Audits: Regular audits should be conducted to assess the accuracy and effectiveness of facial recognition technology and to identify any potential biases or vulnerabilities.

Conclusion

The debate over facial recognition at airports is a complex one, with valid arguments on both sides. While the technology offers the potential to improve efficiency and security, it also raises significant privacy concerns. The Traveler Privacy Protection Act represents an effort to address these concerns by limiting the use of facial recognition and ensuring that travelers have the right to opt out. Ultimately, the future of facial recognition in airports will depend on whether policymakers can strike a balance between the benefits of the technology and the need to protect civil liberties.