Reading the Fine Print — TSA Facial Recognition

Why This Guide Exists

You Were Probably Scanned Without Knowing You Could Say No

The TSA's "Facial Comparison Technology" fact sheet presents facial recognition at airport checkpoints as routine, safe, and voluntary. It says participation is optional. It says photos are not stored. It says signage informs all travelers of their rights.

But the Government Accountability Office (GAO) found in 2023 that TSA had "not fully addressed transparency requirements for its facial recognition programs" — and that travelers frequently lack informed consent. Senators, journalists, privacy advocates, and ordinary travelers have documented cases where opt-out signage was invisible, agents denied the right to refuse, and travelers were threatened with police involvement for trying to exercise a right they officially have.

This guide reads the fine print so you don't have to guess.

250+

U.S. airports now using TSA facial recognition (as of 2025)

400+

Airports targeted for expansion — TSA's own roadmap

100×

Higher false-positive rates for some groups vs. white men (NIST, 2019)

Section 1

What the TSA Says — and What It Actually Means

Each panel below places a direct excerpt from the TSA fact sheet alongside what the available evidence — GAO reports, Privacy Impact Assessments, documented incidents — actually shows.

TSA SAYS

"A traveler may voluntarily agree to use their face to verify their identity during the screening process."

WHAT THIS MEANS

Voluntary consent requires that you know you have a choice before you exercise it. The GAO (2023) found that travelers routinely proceed through facial scanning without being informed of their right to decline. Senator Merkley documented that of six signs leading to the security kiosk, not one mentioned the scan was optional. The single opt-out sign was turned sideways between the machines.

TSA SAYS

"Photos are not stored or saved after a positive ID match has been made except in a limited testing environment for evaluation of the technology's effectiveness."

WHAT THIS MEANS

What is a "limited testing environment"? TSA's own Privacy Impact Assessment confirms that during testing phases and DHS partnerships, data is transmitted, stored, and shared with Department of Homeland Security components. You have no way of knowing, at the moment you are scanned, whether you are in a testing environment or not.

TSA SAYS

"Signage at the Credential Authentication Technology camera locations informs all travelers that participation is voluntary."

WHAT THIS MEANS

Signs exist at some locations. But "signage exists" is not the same as "travelers are informed." Signs are often small, poorly placed, or turned sideways. Travelers in motion, managing luggage, children, and time pressure, cannot be assumed to have read a sign tucked between kiosks. Informed consent requires that information is communicated in a way that allows a person to actually receive and understand it.

TSA SAYS

"TSA policy requires TSOs to show each traveler respect and ensures their privacy is protected."

WHAT THIS MEANS

In March 2025, a traveler named Dylan attempted to opt out after his ID was placed in the scanner. The agent refused. The manager threatened to call police and deny Dylan entry to the security area. Unable to risk missing his flight, Dylan submitted. He later filed a complaint and received confirmation that signs at the location stating the scan was mandatory had been improperly posted — and were removed after his complaint (Lutzker & Lutzker, 2025).

Section 2

What the Document Does Not Say

The most significant parts of the TSA fact sheet may be its silences. Here is what the document does not mention:

Omission 1 — Racial and Gender Bias

The document makes no mention of documented disparities in the technology's accuracy across different demographic groups. See Section 3 below for the full picture.

Omission 2 — How to Actually Opt Out

The document says participation is voluntary but gives no instructions for opting out. It does not say: tell the officer before your ID is scanned. It does not say: you cannot be penalized or delayed. It does not say: if an agent refuses, you have the right to ask for a supervisor.

Omission 3 — Congressional Concerns

The document does not mention the bipartisan Senate legislation introduced in 2023 by Senators Kennedy (R-LA) and Merkley (D-OR) that would require TSA to halt facial recognition and obtain congressional approval before re-deploying it. It does not mention GAO's finding that TSA has not complied with its own transparency requirements.

Omission 4 — The Future of "Voluntary"

TSA Administrator David Pekoske stated publicly: "Eventually we will require biometrics across the board." The document presents current voluntariness as a principle, when TSA leadership has signaled it is a transitional stage. Today's opt-out may not exist tomorrow.

Section 3

Who Bears the Greatest Risk: Bias and Accuracy

The National Institute of Standards and Technology (NIST) conducted the most comprehensive independent evaluation of facial recognition algorithms in 2019. Their findings directly contradict the TSA document's implicit assumption that the technology works equally for everyone.

Demographic Group	Error Rate Compared to White Men	Risk Level
White men (baseline)	Baseline comparison	Lowest
Asian and African American faces	Up to 100× higher false-positive rates	Highest
Native American travelers	Highest false-positive rates of any group	Highest
Women (across demographic groups)	Consistently higher misidentification rates than men	Elevated
Older adults	Higher error rates than younger adults	Elevated

What This Means in Practice

A false-positive match does not simply create a minor inconvenience. It can result in additional screening, detainment, missed flights, and encounters with law enforcement. For travelers who are already subject to disproportionate scrutiny at security checkpoints, the technology compounds existing inequities. The TSA fact sheet mentions none of this.

Section 4 — Know Your Rights

How to Opt Out: Step by Step

Opting out is legal and, according to TSA's own policy, should not result in delays, additional screening, or lost place in line. Here is how to do it — in plain language, without the bureaucratic vagueness of the official document.

Act before your ID is scanned. As you approach the CAT-2 kiosk, tell the TSA officer clearly: "I'd like to opt out of facial recognition and use manual verification instead." You do not need to give a reason.

Know what to expect. The officer will verify your identity manually using your physical ID and boarding pass. This takes approximately the same amount of time as the facial scan. You do not lose your place in line.

If you are told you cannot opt out. Calmly and politely say: "My right to opt out is stated in TSA policy. I'd like to speak with a supervisor." You are within your rights. Do not submit under pressure if you can avoid it.

If your rights were violated. File a complaint with TSA through tsa.gov/contact-center and with the Department of Homeland Security's Office for Civil Rights and Civil Liberties. Document what happened: date, airport, terminal, and description of the interaction.

You were already scanned and didn't know. You can still file a complaint and report the absence of visible opt-out signage. Individual complaints have led to corrective action — as Dylan's case demonstrates.

Your Rights in Plain Language

You have the right to opt out at any checkpoint where facial recognition is offered. You cannot be penalized, delayed, or denied boarding for doing so. You do not have to explain why. If you are a U.S. citizen at a domestic checkpoint, this right applies to you regardless of your race, background, or appearance.

Section 5

Policy Recommendations: What Should Change

Individual opt-outs are important. But the ethical failures documented in this guide are structural — they require policy change, not just personal action.

Require Clear, Prominent Opt-Out Signage

Opt-out rights must be communicated before travelers enter the scanning queue — not tucked between kiosks after the process has begun. Signs must be in multiple languages and placed at eye level where travelers can read them while standing in line.

Mandatory Officer Notification

TSA officers should be required to verbally inform every traveler of their right to opt out before the scan begins — not only when a traveler asks. Verbal notification is the only reliable way to ensure travelers have genuinely received the information.

Halt Expansion Until Bias Is Addressed

The bipartisan legislation introduced by Senators Kennedy and Merkley (2023) would require TSA to halt facial recognition deployment and obtain congressional authorization before expanding further. Until NIST-documented racial and gender disparities are resolved, expansion compounds a proven harm.

Require Transparent Data Reporting

TSA should be required to publish annual, publicly accessible reports on: the number of travelers scanned, the number who opted out, false-positive rates by demographic group, incidents of wrongful denial of opt-out rights, and the specific airports and contexts in which data is stored during testing phases.

Prohibit Mandatory Biometrics Without Congressional Authorization

TSA leadership has stated that mandatory biometrics are coming. Before this transition occurs, Congress — not the agency — should determine whether and how biometric identification may be made mandatory for domestic air travel, with full public hearings and civil liberties review.

Sources

Where This Information Comes From

All claims in this guide are drawn from government reports, peer-reviewed research, and documented journalistic accounts.

Government Accountability Office (GAO). (2023). Facial recognition technology: TSA should address key transparency requirements. GAO-23-105679.
Government Accountability Office (GAO). (2020). Facial recognition: CBP and TSA are taking steps to implement programs. GAO-20-568.
National Institute of Standards and Technology (NIST). (2019). Face recognition vendor test (FRVT) part 3: Demographic effects. NISTIR 8280. https://doi.org/10.6028/NIST.IR.8280
Department of Homeland Security. (2020). Privacy impact assessment for the TSA biometrics program. DHS/TSA/PIA.
Lutzker & Lutzker. (2025, April 10). Update: TSA's use of facial recognition technology — one person makes a difference.
Libertas Institute. (2023, September). You can opt out of TSA facial recognition — for now.
Transportation Security Administration (TSA). (n.d.). Facial comparison technology. https://www.tsa.gov/news/press/factsheets/facial-comparison-technology
Electronic Privacy Information Center (EPIC). (2023). Facial recognition technology: A primer.
Benjamin, R. (2019). Race after technology. Polity Press.
Walton, R., Moore, K. R., & Jones, N. N. (2019). Technical communication after the social justice turn. Routledge.