Airlines urge senators to reject bill limiting facial recognition

A group representing several major airlines alongside travel companies and airports is opposing a Senate bill that would require the Transportation Security Administration (TSA) to generally use manual ID verification at security checkpoints instead of facial recognition.

The bill, introduced by Sen. Jeff Merkley (D-Ore.), would broadly restrict TSA’s ability to use biometrics and facial recognition, carving out a few exemptions for the agency’s PreCheck and other Trusted Traveler programs. Passengers may still opt in to the use of facial recognition at the checkpoint.

In a letter Monday to Sens. Ted Cruz (R-Texas) and Maria Cantwell (D-Wash.), the air industry groups said the law was a “step backward” and that facial recognition technology made security screenings far more efficient.

“The future of seamless and secure travel relies on the appropriate use of this technology to ensure security effectiveness and operational efficiency as daily travel volume continues to rise,” they wrote. “We are concerned that the vague and confusing exceptions to this blanket ban will have major consequences for the identity verification process, screening operations, and trusted traveler enrollment programs.”

Cruz and Cantwell are their parties’ highest-ranking members of the Senate Commerce, Science and Transportation Committee, which is scheduled to mark up the bill Wednesday.

In addition to limiting the use of facial recognition, Merkley’s bill would also require TSA to delete most images collected at checkpoints within 24 hours of a passenger’s departure.

Travelers going through a TSA checkpoint are generally able to opt out of facial recognition, the agency says. Merkley has argued the agency’s enforcement is inconsistent, posting on social media in February about his difficulties navigating the policy at Reagan Washington National Airport.

“This is big government coming to take away your privacy, trying to set up a national surveillance system,” the Oregon Democrat said in February. 

The airlines, however, warned that restricting the use of facial recognition could slow down security and divert TSA’s resources toward maintaining officer staffing, rather than focusing on automated innovations. The group also said it felt it had been insufficiently consulted on the legislation, “despite the major impact the bill would have on aviation security, airports, airlines, travelers, and technology companies.”

The bill has gathered bipartisan support. In addition to Merkley, Sens. John Kennedy (R-La.), Ed Markey (D-Mass.), Roger Marshall (R-Kan.), Chris Van Hollen (D-Md.) and Steve Daines (R-Mont.) have signed on as cosponsors.

The legislation, which was first introduced in May, comes as the Trump administration has rolled back TSA’s long-standing policy of requiring travelers take off their shoes at checkpoints.

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