Warren Joins Markey, Kennedy, Merkley to Introduce Legislation to End Involuntary Facial Recognition Screenings, Protect Americans’ Privacy
Washington, D.C. — Today, U.S. Senators Elizabeth Warren (D-Mass.), Edward J. Markey (D-Mass.), John Kennedy (R-La.), and Jeff Merkley (D-Ore.) joined their colleagues in introducing the bipartisan Traveler Privacy Protection Act. This new legislation would protect the privacy of American travelers by banning the use of facial recognition technology and the collection of facial biometric data by the Transportation Security Administration (TSA) in U.S. airports. The legislation comes in the wake of thousands of facial recognition screens on a daily basis by the TSA, the largest domestic effort to implement a nationwide facial recognition system for domestic travelers.
“Facial recognition algorithms are laced with racial biases that perpetuate discrimination at airports, especially against Black and Brown people,” said Senator Warren. “Introducing biased technology that has higher error rates for people of color only entrenches disparities that already exist in profiling at the airport. I’ll continue to fight against involuntary facial recognition screenings as long as this technology threatens traveler privacy and racial equity.”
“Passengers should not have to choose between safety and privacy when they travel. Despite our repeated calls for TSA to halt its unacceptable use of facial recognition technologies, the agency has continued to expand its use across the country,” said Senator Markey. “I am glad to partner with Senators Merkley and Kennedy on the Traveler Privacy Protection Act to halt TSA’s use of this invasive technology. Travelers should be able to fly without checking their right to privacy in alongside their luggage.”
“Every day, TSA scans thousands of Americans’ faces without their permission and without making it clear that travelers can opt out of the invasive screening,” said Senator Kennedy. “The Traveler Privacy Protection Act would protect every American from Big Brother’s intrusion by ending the facial recognition program.”
“The TSA program is a precursor to a full-blown national surveillance state,” said Senator Merkley. “Nothing could be more damaging to our national values of privacy and freedom. No government should be trusted with this power.”
The Traveler Privacy Protection Act would prevent the TSA from using airports as a site to collect Americans’ sensitive facial biometric data by:
- Repealing existing authorization for TSA to explore facial recognition technology and require explicit congressional authorization for future use.
- Immediately banning the Transportation Security Administration from expanding its use of facial recognition.
- Requiring TSA to end its facial recognition program and dispose of facial biometrics data within 3 months.
The Traveler Privacy Protection Act is supported by: ACLU, the Electronic Privacy Information Center, and Public Citizen.
"Facial recognition and facial matching technology poses unnecessary and unacceptable risks for civil rights and civil liberties. In many situations, it has been demonstrated to be less accurate for people of color and women, and it threatens to enable mass tracking and incursions into our privacy. The Traveler Privacy Protection Act of 2023 is a simple, crucial step to protecting our rights,” said Cody Venzke, Senior Policy Counsel at the ACLU.
“The Electronic Privacy Information Center (EPIC) applauds the introduction of the Traveler Privacy Protection Act and its prohibition on TSA’s use of facial recognition technology. The privacy risks and discriminatory impact of facial recognition are real, and the government's use of our faces as IDs poses a serious threat to our democracy. The TSA should not be allowed to unilaterally subject millions of travelers to this dangerous technology,” said Jeramie Scott, Senior Counsel and Director of EPIC’s Project on Surveillance Oversight.
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