Facial recognition: Where and how you can opt out

Our remote team recently took a trip to our Estonian office. When we arrived from our various destinations, we started chatting about how our travel had been. Our senior privacy advocate, David Ruiz, mentioned that he’d opted out of facial recognition while at San Francisco International Airport.

However, not everyone on the team knew this was even A Thing, and that made us think…maybe not all of our readers know either. So we looked into where and how you can opt out of facial recognition—a technology that’s becoming increasingly common in many aspects of everyday life.

Airports and border control

This one is relatively straightforward. The Transportation Security Administration (TSA) actively deploys one of the most visible and widespread uses of facial recognition in the US, especially at airports. Over 80 major airports have installed facial recognition cameras at security checkpoints to verify traveler identities quickly and without physical contact. The process involves a camera taking a photo of your face and matching it in real time to the photo on your passport or ID card.

What many people don’t realize is participation in this facial recognition screening is voluntary. If you prefer not to have your face scanned, you can opt out. The TSA allows travelers to do this by choosing an alternative identity check, such as a manual ID inspection by a TSA officer. David said he simply asked, “Hey, can I opt out?” and there was no significant delay in his screening process.

The TSA officer must honor your request to opt out, and provide an alternative method. Although signage about this choice exists, it’s often subtle or easy to miss, so it’s best to know your rights before you arrive.

US Customs and Border Protection (CBP) also uses facial recognition at departure gates and border crossings to verify identities. Like at TSA checkpoints, you can opt out. When you reach the gate, ask for manual identity verification instead of having your photo taken. This opt-out option applies to both US citizens and noncitizens.

Where else can you opt out?

Outside of airports and border control, facial recognition is increasingly found in various public and private settings, including stores, stadiums, and even some workplaces. However, the ability to opt out in these contexts varies widely depending on local laws, company policies, and the technology used.

Facial recognition technology has rapidly expanded across the United States, prompting a patchwork of national and state-level regulations, as well as growing public debate about privacy, civil rights, and the right to opt out. At the federal level, there is currently no comprehensive law that expressly regulates the use of facial recognition by government agencies.

However, in September 2024, the US Commission on Civil Rights highlighted the 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) has instituted requirements ensuring that US citizens can opt out of facial recognition by non-law enforcement unless otherwise required by law. 

At the state level, regulations vary widely. States like Maryland have enacted some of the nation’s strongest laws, restricting law enforcement’s use of facial recognition to investigations of 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.

In other parts of the world, the European Union’s Artificial Intelligence Act prohibits the use of AI systems that create or expand facial recognition databases through the untargeted scraping of facial images from the internet or CCTV footage.

Australia implemented strict rules about private use of facial recognition and 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, this doesn’t stop the Chinese authorities from using facial recognition to identify people in the streets.

Challenges and considerations

As facial recognition technology continues to evolve, it’s important to know your rights. While opting out is possible in many official settings, there are challenges:

• Awareness: Many people do not know 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 are afraid of 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: Even when photos are taken, 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 protection. 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.

We don’t just report on privacy—we offer you the option to use it.

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