Facial Recognition: Options and Procedures for Opting Out

During a recent visit to our Estonian office, our remote team engaged in discussions about travel experiences. David Ruiz, our senior privacy advocate, shared his choice to opt out of facial recognition technology at San Francisco International Airport, prompting us to consider the awareness of this option among our audience.

Facial recognition is increasingly prevalent in daily life. Therefore, we aimed to provide insight into how travelers can opt out of its use.

Airports and Border Control

Facial recognition technology, implemented by the Transportation Security Administration (TSA), is commonly employed at major airports across the United States. More than 80 airports utilize facial recognition cameras at security checkpoints to expedite identity verification procedures. This process includes comparing a real-time photo of the traveler’s face to their passport or ID card image.

Importantly, participation in this facial recognition screening is voluntary. Travelers can opt out by requesting an alternative identity check, such as a manual inspection by TSA personnel. For instance, David simply inquired about opting out, resulting in no significant delays in his screening.

The TSA is obligated to honor opt-out requests and provide alternative verification methods. Although there are signs indicating this option, they are frequently understated or overlooked, making it essential for travelers to be informed of their rights beforehand.

In addition to TSA procedures, U.S. Customs and Border Protection (CBP) employs facial recognition at departure gates and border crossings, where opting out remains an option. Upon reaching your gate, you can request manual identity verification instead of facial scanning. This option is available to both U.S. citizens and noncitizens.

Where Else Can You Opt Out?

Facial recognition usage is expanding beyond airports and border control, infiltrating public and private spaces such as retail stores, stadiums, and workplaces. However, the ability to opt out varies significantly based on local laws, company policies, and the technology being implemented.

The rapid expansion of facial recognition technology in the United States has led to a complex regulatory landscape, with existing national and state-level laws, as well as ongoing public discourse regarding privacy and civil rights. Presently, there is no federal law comprehensively regulating facial recognition use by government entities.

Nonetheless, a report by the U.S. Commission on Civil Rights in September 2024 shed light on the serious risks associated with unregulated facial recognition, particularly affecting marginalized communities, advocating for strict testing, transparency, and swift actions in the event of bias or discrepancies.

Some federal agencies have enacted internal protocols to enhance privacy, such as the Department of Homeland Security (DHS), which mandates the option for U.S. citizens to opt out of facial recognition by non-law enforcement entities unless legally required to participate.

At the state level, regulations are inconsistent. States like Maryland have instituted robust restrictions on law enforcement’s use of facial recognition, while others, such as Illinois, Texas, and Washington, necessitate that companies notify individuals prior to collecting facial recognition data and, in specific instances, obtain explicit consent.

On a global scale, the European Union’s Artificial Intelligence Act prohibits the indiscriminate creation or expansion of facial recognition databases through unregulated data collection practices.

Australia has established stringent regulations governing the use of facial recognition by private entities, while Russia faces public backlash over recent implementations of facial recognition technology in metro payment systems. Conversely, the United Kingdom is pursuing facial recognition technology as a means to expedite border crossing procedures.

In China, new regulations set to take effect in June 2025 will mandate businesses to disclose their use of facial recognition and appropriately allow individuals to refuse biometric data collection, despite ongoing governmental surveillance efforts in public spaces.

Challenges and Considerations

As facial recognition technology continues to advance, understanding your rights is crucial. While opting out is feasible in many official contexts, several challenges remain:

• Awareness: A significant portion of the public is unaware of their ability to opt out, often due to unclear signage or explanations.
• Pressure to Comply: Travelers may feel compelled to participate in facial recognition screenings because of perceived convenience or fear of drawing unwanted attention.
• Limited Options: For certain law enforcement or governmental purposes, opting out may be restricted or involve additional procedural steps.
• Data Handling: Agencies like the TSA assert that they do not retain images after verification, except in certain testing environments; however, concerns regarding the potential use and sharing of biometric data persist.

Advocacy for enhanced privacy protections is gaining momentum, exemplified by the introduction of the Traveler Privacy Protection Act of 2025 in the U.S. Senate aimed at securing passenger rights and preventing misuse of personal data during facial recognition screenings at airports.

In pursuit of privacy without sacrificing security, organizations and governmental bodies are exploring innovative opt-out solutions, including wearable devices that signal “do not scan” and comprehensive registries, though these initiatives also present their own sets of privacy and operational challenges.

Conclusion

While facial recognition technology facilitates convenience, it simultaneously raises significant privacy concerns. Being informed about the opt-out options available empowers individuals to maintain their biometric privacy in a progressively digitized environment.