Senator Marshall Joins Senators Kennedy, Merkley, and Markey to Protect Americans’ Privacy at Airports

Washington – U.S. Senator Roger Marshall, M.D. (R-Kansas) joined U.S. Senators John Kennedy (R-Louisiana), Jeff Merkley (D-Oregon), and Edward Markey (D-Massachusetts) today to introduce the Traveler Privacy Protection Act, which would safeguard Americans’ ability to opt-out of Transportation Security Administration (TSA) facial recognition screenings at airports and prevent abuse of passenger data obtained through these scans.

While the TSA calls its plan to implement facial scans voluntary, passengers are largely unaware of their ability to opt out. Additionally, TSA does not effectively display notices at its check points to inform travelers that they have such an option.

“Privacy is one of America’s most sacred liberties, and we must protect it,” said Senator Marshall. “In no universe should the federal government collect biometric data from Americans without their full, informed consent. The Traveler Privacy Protection Act strengthens safeguards around this sensitive data and brings transparency for travelers. I’m proud to work with Senators Kennedy, Merkley, and Markey to champion this effort.”

“The TSA subjects countless law-abiding Americans to excessive facial recognition screenings as they travel, invading passengers’ privacy without even making it clear that they can opt out of the screening,” said Senator Kennedy. “The Traveler Privacy Protection Act would protect Americans’ ability to say ‘no’ to these facial scans and safeguard the personal data that the TSA collects.” 

“Folks don’t want a national surveillance state, but that’s exactly what the TSA’s unchecked expansion of facial recognition technology is leading us to,” said Senator Merkley. “Americans have the right to opt out of using TSA’s facial recognition at the airport, and we need to protect that right. Our Traveler Privacy Protection Act safeguards the freedoms and privacy of all Americans by making sure no one is required to have their face scanned to travel.”

“Passengers should not have to choose between safety and privacy when they travel. Yet, the TSA has consistently ignored our calls to halt the unacceptable use of facial recognition tools and protect passenger privacy. Instead, the agency rapidly expanded the use of the technology nationwide,” said Senator Markey. “I am glad to partner with Senators Merkley and Kennedy on the Traveler Privacy Protection Act to ensure travelers are able to exercise their right to privacy and be able to check TSA’s invasive practices at the door.”

U.S. Senators Steve Daines (R-Montana) and Chris Van Hollen (D-Maryland) also co-sponsored the legislation.

The full text of the legislation can be found here.

Background:

The bipartisan Traveler Privacy Protection Act would:

• Require TSA to give each passenger the option to have their identity verified without the use of facial recognition and make sure that TSA notifies passengers about this option.
• Ban TSA from subjecting travelers who opt out of facial recognition to worse treatment.
• Protect traveler data obtained through facial recognition from being stored indefinitely.
• Stop the TSA from using facial recognition for purposes other than identity verification at security checkpoints.
• Prohibit the TSA from using facial recognition to profile, target or discriminate against individuals solely for exercising their constitutional rights, or to enable wide-scale monitoring, surveillance, or tracking. 

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