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U.S. Customs and Border Protection Issues Guide for Travelers on Facial Recognition Opt-Out

Despite the benefits of biometrics, CBP acknowledges that some U.S. citizens may not wish to participate in it, and stresses that it is not a surveillance tool.

Alan J by Alan J
July 31, 2024
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The U.S. Customs and Border Protection (CBP) agency has released a guide detailing how travelers can opt out of biometric facial recognition technology at airports and other ports of entry.

The guide was released as the agency continues to expand its use of facial comparison systems for identity verification at airports and seaports across America, while also addressing privacy concerns raised by some lawmakers and civil liberties groups.

U.S. Customs and Border Protection Facial Biometrics

The CBP has implemented facial biometrics at all international airports for entry processes, known as Simplified Arrival, and at 53 airport locations for exit procedures. The technology has also been expanded to 39 seaports and all pedestrian lanes at both Southwest and Northern Border ports of entry.

U.S. Customs and Border Protection Facial Biometric 232
Source: https://www.cbp.gov/travel/biometrics

Earlier, Diane J. Sabatino, Acting Executive Assistant Commissioner, Office of Field Operations, of the U.S. Customs and Border Protection stated, “CBP is excited to expand the use of facial biometrics through public/private partnerships to further secure and enhance travel while protecting the privacy of all travelers.”

U.S. Customs and Border Protection Facial Biometric assaas
Source: https://www.cbp.gov/travel/biometrics

According to CBP, the use of facial biometric comparison technology has allowed the agency to process more than 540 million travelers and prevent over 2,000 impostors from entering the U.S. The agency touts the technology as a way to make existing travel requirements more efficient, creating a more seamless, secure, and safer experience for travelers.

The implementation of biometric technology stems from the 9/11 Commission Report that authorized the U.S. Government to use an automated system to record the arrivals and departures of visitors at all air, sea and land ports of entry. As technologies have evolved, facial comparison has proven to be one of the most effective solutions.

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Opt-Out Provisions and Privacy Concerns

Despite the benefits, CBP acknowledges that some U.S. citizens may not wish to participate in facial photo capture.

The agency stresses that its traveler identity verification process is not a surveillance program, with cameras and signage clearly visible to inform passengers about the technology. CBP also states that it adheres to all applicable privacy rules and regulations, retaining U.S. citizen photos for no more than 12 hours after identity verification.

On the TSA website’s FAQ, in response to the question of whether the facial processing is necessary for all passengers, it states, “No. Participation in the testing of biometric technology is voluntary. Passengers may notify a TSA officer if they do not wish to participate and instead go through the standard ID verification process.”

What Does the Guide Entail?

The guide outlines the process for travelers who do not wish to participate in the biometric facial comparison technology. According to the guide, U.S. citizens who do not wish to submit to facial photo capture can request alternative processing, which typically involves a manual review of their travel documents by a CBP officer. This option is available for both domestic and international travelers.

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