A bipartisan coalition of U.S. senators is expressing concern over the Transportation Security Administration’s (TSA) expanding use of facial recognition technology at airports nationwide.

In a detailed letter addressed to Department of Homeland Security Inspector General Joseph Cuffari, the senators urge a comprehensive review of the TSA’s deployment of this technology, highlighting potential issues related to accuracy, privacy, and civil liberties.

The TSA has been progressively implementing facial recognition systems to verify passenger identities at security checkpoints. While the agency asserts that participation is voluntary, reports indicate that passengers often find it challenging to opt out, facing unclear signage and inconsistent guidance from Transportation Security Officers (TSOs). The senators’ letter emphasizes that the TSA’s communication regarding the optional nature of facial scans is insufficient, leading to confusion and potential coercion among travelers.

Senator Jeff Merkley (D-Ore.), a leading voice in this initiative, experienced firsthand the pressure some travelers are subjected to by TSA agents. In mid-2023, Senator Merkley was traveling and asked to op out of facial recognition, only to be pressured by agents who claimed opting out would cause a significant delay. the senator insisted on his rights, leading to a traditional identity check. Contrary to the agents’ claims, opting out of facial recognition scanning did not lead to any additional delays.

Dubious Effectiveness

The letter also questions the effectiveness and necessity of facial recognition technology in enhancing airport security. The senators point out that the TSA already employs Credential Authentication Technology (CAT) devices capable of detecting fraudulent identification documents without relying on biometric data. They argue that the TSA has not provided compelling evidence demonstrating that facial recognition offers significant advantages over existing methods.

Accuracy issues are another focal point of concern. The senators cite reports indicating a 3% false negative rate in identity verification using facial recognition, which could translate to upwards of 68,000 discrepancies daily if applied nationally. Such a high error rate not only undermines the technology’s reliability but also poses risks of misidentification and unwarranted scrutiny of innocent travelers.

Privacy advocates have long warned about the potential for biometric data to be misused or inadequately protected. The senators’ letter underscores the need for stringent safeguards to prevent unauthorized access and misuse of facial recognition data. They call for a thorough evaluation of the TSA’s data collection, storage, and deletion practices to ensure compliance with privacy standards and to protect civil liberties.

In response to these concerns, the senators have requested that the Inspector General’s office conduct a comprehensive assessment of the TSA’s facial recognition program. They seek evaluations of the technology’s effectiveness in identifying individuals using disguises or false identification, its impact on passenger screening times, and its success in preventing individuals on no-fly lists from boarding aircraft. Additionally, they request an analysis of any demographic disparities in the technology’s accuracy and an evaluation of the TSA’s communication strategies regarding passengers’ rights to opt out.

TSA’s Grand Plan

TSA has made no secret of its plans to implement biometric scanning everywhere, as the letter makes clear.

In April 2023, TSA Administrator Pekoske admitted at the South by Southwest Conference that “we will get to the point where we will require biometrics across the board.” If that happens, this program could become one of the largest federal surveillance databases overnight without authorization from Congress.

The TSA maintains that facial recognition technology enhances security and efficiency at airports. However, the growing bipartisan scrutiny reflects a broader debate over the balance between technological advancements in security and the preservation of individual rights and freedoms. As the TSA continues to expand its facial recognition program, the outcome of this inquiry could significantly influence the future of biometric surveillance in the United States.

This development aligns with previous reports highlighting the TSA’s pushback against legislative efforts to formalize opt-out options for travelers and its plans to expand facial recognition across airports. The senators’ initiative represents a critical step toward ensuring that advancements in security technology do not come at the expense of privacy and civil liberties.