DHS Inspector General Finds That TSA is Not Properly Safeguarding Passenger Facial Recognition Data
EFF legal intern Gabrielle Ladun was the principal author of this post.Β
The Department of Homeland Security Office of Inspector General (DHS OIG) has published a summary of findings from its audit of the Transportation Security Administrationβs (TSA) facial recognition technology. While the detailed findings are classified, the summary states that the OIGβs audit uncovered a βsignificant weaknessβ in the technologyβs ability to protect the privacy of passenger data. This has massive privacy implications for the millions of passengers who travel and donβt opt out of the TSAβs biometric surveillance technology verification process.Β
TSA uses facial comparison technology for identity verification of airline passengers. A camera takes a photo of passengers to verify that their provided identification matches their live photo. Although TSA states that it is βcommitted to protecting traveler privacy,β the audit highlights that this has not been the case.Β Β
The OIG found that TSAβs Credential Authentication Technology 2βs (CAT-2) vendor βwas able to access and extract sensitive passenger information, including driverβs license and passport images, during system troubleshooting and enhancements, without TSAβs knowledge.βΒ Β
The OIG further admonished the agency:Β Β
TSA lacked clear policies, did not track when this data was extracted, could not verify that extracted information was properly deleted, and did not notify passengers when their biometric and biographic information may have been stored. As a result, although passenger information was generally protected during routine operations, weaknesses in vendor oversight created a risk that sensitive personal information could be retained or exposed.Β
We hope the TSA will fix these issues. The OIG summary states:Β
We issued one finding and three recommendations to strengthen controls, improve oversight, and ensure transparency and the proper handling of passenger data. TSA concurred with all three recommendations. Two recommendations are open and resolved, and one remains open and unresolved.Β
Why EFF Opposes the Governmentβs Use of Facial Recognition TechnologyΒ
EFF has a long history of opposing governmental use of facial recognition technology. As the OIGβs audit underscores, this technology presents privacy risks associated with unsecured data, unauthorized access, and data breaches. The governmentβs use of this technology also creates a mass surveillance system and facilitates the creation of warrantless biometric records for unconsenting parties.Β Β
The biometric data captured by this technology is not without errors. There have been multiple instances of law enforcement agencies using facial recognition technology to misidentify and arrest innocent individuals. Β
Reminder: Opting Out of TSA Photos Is PossibleΒ
Given that facial recognition technology is prone to mistakes, combined with the OIGβs audit revealing significant privacy weaknesses, it is imperative that travelers remember that opting out is possible. TSAβs own website emphasizes that travelers who wish to decline to have their photo taken for facial comparison can do so without any delay, disruption, or recourse.Β Β
Considering the data protection weaknesses exposed by the OIGβs audit, EFF will continue to oppose this governmental system of mass surveillance and spread awareness to ensure that no one is forced to relinquish their biometric data without consent.Β

