In recent years, the Transportation Security Administration (“TSA”) has begun using facial recognition technology at certain airports for identity verification purposes. At more than 80 airports in the United States, including Reagan National Airport, Boston Logan International and Los Angeles International, travelers are directed to scan their ID or passport and have a photo taken of their face. The technology then compares the photo to the scanned ID photo to verify that the ID is valid. The agency is required to delete photos of U.S. citizens within 12 hours but must retain photos of non-citizens for 75 years for immigration and law enforcement purposes. According to the agency, facial scans are more accurate and efficient than manual identity verification.

All travelers on domestic flights, regardless of citizenship, have a right to opt out of facial scanning, and TSA is required to post signs informing individuals of this right. To exercise the opt out right, travelers should inform the TSA agent at their ID verification kiosk that they wish to opt out of the facial recognition scan. Agents are required to honor the opt-out right and manually compare the traveler’s ID photo to their face. However, some travelers have experienced resistance from TSA agents when they tried to exercise their right, raising concerns about the process and individual privacy rights.

TSA’s use of the technology has drawn criticism for the potential privacy implications. In May 2024, a bipartisan group of 14 senators sent a letter to Senate leaders urging Congress to limit TSA’s ability to use facial recognition technology. The letter argues that the use of facial recognition in airports poses a risk to privacy and civil liberties. Likewise, privacy advocates have flagged risks associated with using facial recognition technology, such as algorithmic bias, hacks and potential for abuse. As the debate over travel privacy continues, TSA plans to expand use of the technology to all 430 airports it secures.