Traveler Privacy Protection Act would ban voluntary TSA facial recognition technologies now testing at 25 airports
Now if only they could also ban those $17 lattes that airports sell.
Context
For several years now, the TSA (Transportation Security Administration) has tested voluntary facial recognition technology at airport security lines.
The pilot program currently operates in 25 airports, including Atlanta, Baltimore, Boston, Dallas, Denver, Detroit, Las Vegas, Los Angeles, Miami, Orlando, Phoenix, Salt Lake City, San Jose, and Washington, D.C.
In June, Fast Company reported that the TSA plans to expand the program to 430+ airports in the coming years.
Fliers can opt out, though they’d still have to use an alternate identification verification measure instead — like the preexisting ones that travelers have used for years or decades now.
However, many fliers remain unaware they even have the option to opt out. Sen. Jeff Merkley (D-OR) posted a video in September to X, formerly Twitter, documenting the lack of signage indicating an opt-out option at the facial scanners in D.C.’s Reagan Airport.
Now, he’s introduced a bill to ban the practice entirely.
What the bill does
The Traveler Privacy Protection Act would require the TSA to end its facial scanning program, delete its stored data if it has any, and explicitly require congressional authorization to potentially restart the program ever again.
It was introduced in the Senate as S. 3361 on November 29, by Sen. Jeff Merkley (D-OR).
What supporters say
Supporters argue that the technology is worrying even at this nascent stage, and should be hamstrung before a national rollout can potentially commence.
“The TSA program is a precursor to a full-blown national surveillance state,” Sen. Merkley said in a press release. “Nothing could be more damaging to our national values of privacy and freedom. No government should be trusted with this power.”
“Thousands of Americans every day are not aware of their option to decline to have their photo taken by a government agency every time they go to the airport,” Republican cosponsor Sen. Roger Marshall (R-KS) added. “The potential for these images to be used to violate American’s civil liberties is greatly concerning.”
What opponents say
The TSA counters that the voluntary program improves identification verification accuracy from the mid-80s to almost 100%, while preserving privacy safeguards.
“The facial recognition technology represents a significant security enhancement and improves traveler convenience,” TSA writes on their website. “A traveler may voluntarily agree to use their face to verify their identity during the screening process by presenting their physical identification or passport.”
“The facial recognition technology TSA uses helps ensure the person standing at the checkpoint is the same person pictured on the identification document (ID) credential,” the website continues. “Photos are not stored or saved after a positive ID match has been made, except in a limited testing environment for evaluation of the effectiveness of the technology.”
Odds of passage
The bill has attracted five bipartisan cosponsors: two Democrats, two Republicans, and one independent. It awaits a potential vote in the Senate Commerce, Science, and Transportation Committee.
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This article was written by GovTrack Insider staff writer Jesse Rifkin.
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