Opting Out of Facial Recognition: A Guide to Protecting Your Privacy
Discover how and where you can opt out of facial recognition technology to safeguard your privacy in various settings, including airports, border control, and public spaces. Learn about current regulations and challenges.
TL;DR
- Facial recognition technology is increasingly prevalent in airports, border control, and public spaces.
- Opting out of facial recognition is possible in many settings, though awareness and regulations vary.
- Knowing your rights and the available opt-out methods can help protect your biometric privacy.
Main Content
On a recent trip to the Estonian office, our remote team discussed travel experiences. David Ruiz, our senior privacy advocate, mentioned opting out of facial recognition at San Francisco International Airport. This sparked a realization that not everyone knows about this option, prompting us to explore where and how you can opt out of facial recognition technology.
Airports and Border Control
The Transportation Security Administration (TSA) extensively uses facial recognition at over 80 major US airports. This technology verifies traveler identities by matching real-time photos to passport or ID images. Participation in this screening is voluntary. Travelers can opt out by requesting a manual ID inspection from a TSA officer. Opting out is straightforward; simply ask, "Can I opt out?" There should be no significant delay in the screening process.
The TSA must honor opt-out requests and provide an alternative method. Although signage about this choice exists, it is often subtle, so knowing your rights beforehand is essential.
Similarly, US Customs and Border Protection (CBP) uses facial recognition at departure gates and border crossings. Travelers can opt out by requesting manual identity verification. This option applies to both US citizens and noncitizens.
Where Else Can You Opt Out?
Facial recognition is increasingly used in various public and private settings, such as stores, stadiums, and workplaces. The ability to opt out varies widely depending on local laws, company policies, and the technology used.
The rapid expansion of facial recognition technology in the US has led to a patchwork of regulations and growing public debate about privacy and civil rights. At the federal level, there is no comprehensive law regulating government agencies' use of facial recognition. However, in September 2024, the US Commission on Civil Rights highlighted significant risks of unregulated facial recognition, particularly for marginalized communities, and called for rigorous testing, transparency, and prompt action in the event of any discovered discrepancies or biases.
Some federal agencies have implemented internal policies to safeguard privacy. For example, the Department of Homeland Security (DHS) ensures that US citizens can opt out of facial recognition by non-law enforcement unless required by law.
At the state level, regulations vary widely. States like Maryland have enacted strong laws restricting law enforcement's use of facial recognition to specific serious crimes and requiring agencies to document and disclose their use of the technology. Other states, like Illinois, Texas, and Washington, require companies to notify individuals before collecting facial recognition data and, in some cases, obtain explicit consent.
Internationally, the European Union's Artificial Intelligence Act prohibits the use of AI systems that create or expand facial recognition databases through untargeted scraping of facial images from the internet or CCTV footage.
Australia has implemented strict rules about private use of facial recognition. There has been backlash in Russia over Moscow’s new facial recognition-based metro payment system. The UK, on the other hand, is looking to reduce passport queues by using the technology.
In China, new regulations effective from June 2025 require businesses to be transparent about facial recognition use and allow individuals to refuse biometric data collection in many cases. However, Chinese authorities continue to use facial recognition to identify people in public spaces.
Challenges and Considerations
As facial recognition technology evolves, knowing your rights is crucial. While opting out is possible in many official settings, challenges remain:
- Awareness: Many people are unaware they can opt out, as notices are often not clearly visible or explained.
- Pressure to comply: Some travelers feel pressured to participate because facial recognition is faster and more convenient or because they fear raising suspicion.
- Limited opt-out options: For certain government or law enforcement uses, opting out may not be available or may require additional steps.
- Data handling: Agencies like TSA claim they do not store images after verification, except in limited testing environments. However, concerns remain about how biometric data might be used or shared.
Privacy advocates and some lawmakers are pushing for stronger protections. For example, the Traveler Privacy Protection Act of 2025 was introduced in the US Senate to ensure Americans can opt out of involuntary facial recognition screenings at airports and to safeguard passenger data from misuse.
Meanwhile, organizations and governments are exploring better opt-out systems that respect privacy without compromising security. Some ideas include wearable tech that signals "do not scan" or comprehensive opt-out registries, though these raise their own privacy and technical challenges.
Summary
Facial recognition technology offers convenience but raises important privacy questions. Knowing how and where to opt out empowers you to protect your biometric privacy while navigating an increasingly digital world.
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