EFF legal intern Gabrielle Ladun was the principal author of this post. 

The Department of Homeland Security Office of Inspector General (DHS OIG) has published a summary of findings from its audit of the Transportation Security Administration’s (TSA) facial recognition technology. While the detailed findings are classified, the summary states that the OIG’s audit uncovered a “significant weakness” in the technology’s ability to protect the privacy of passenger data. This has massive privacy implications for the millions of passengers who travel and don’t opt out of the TSA’s biometric surveillance technology verification process. 

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 “committed to protecting traveler privacy,” the audit highlights that this has not been the case.  

The OIG found that TSA’s Credential Authentication Technology 2’s (CAT-2) vendor “was able to access and extract sensitive passenger information, including driver’s license and passport images, during system troubleshooting and enhancements, without TSA’s knowledge.”  

The OIG further admonished the agency:  

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. 

We hope the TSA will fix these issues. The OIG summary states: 

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. 

Why EFF Opposes the Government’s Use of Facial Recognition Technology 

EFF has a long history of opposing governmental use of facial recognition technology. As the OIG’s audit underscores, this technology presents privacy risks associated with unsecured data, unauthorized access, and data breaches. The government’s use of this technology also creates a mass surveillance system and facilitates the creation of warrantless biometric records for unconsenting parties.  

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.  

Reminder: Opting Out of TSA Photos Is Possible 

Given that facial recognition technology is prone to mistakes, combined with the OIG’s audit revealing significant privacy weaknesses, it is imperative that travelers remember that opting out is possible. TSA’s 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.  

Considering the data protection weaknesses exposed by the OIG’s 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. 

This week, EFF, along with Big Brother Watch, Defend Digital Me, Liberty, Open Rights Group, Race Equality First, Statewatch, and Stopwatch, wrote to Nottinghamshire Police Force in the UK raising concern about the proposed roll-out of live facial recognition technology (LFR), and called for its immediate halt.

In particular, the letter highlights six concerns:

LFR Is Not "Just Another Tool"

Nottinghamshire Police has stated that “facial recognition is just another tool to fight crime.” But LFR used in public spaces is an incredibly intrusive biometric mass surveillance technology that scans the faces of everyone who walks past the camera and takes biometric face prints. This is not just another tool, but a major escalation of surveillance that treats everyone as a suspect by default.

People Having "Nothing to Worry About" Does Not Hold to Scrutiny 

According to Nottinghamshire Police, “if you aren’t entering the city or county to commit crime then you have nothing to worry about.” However, many people have legitimate concerns about the normalisation of invasive technologies. So a public that cannot move around their towns and cities without being subjected to a biometric identity check may be less willing to seek medical care or legal advice, speak with journalists, act in a union, vote, protest, or express their gender, sexual or religious identity. 

Disproportionate Targeting With LFR

We are particularly concerned to learn that Nottinghamshire Police could deploy LFR to tackle low level crimes, such as youth behavior deemed anti-social, as part of Operation View. Reporting suggests that the force already possesses “a watchlist of young people believed to be causing the most problems,” including children as young as 11 years old. It would be highly disproportionate to deploy live facial recognition to tackle this behaviour. Many of these children are reportedly known to the police, and it is highly likely that there are more proportionate means for locating them. 

LFR Could Increase Social Problems

We are also concerned that Nottinghamshire Police has not adequately examined the distinct risks of using LFR to target children, including negative impacts on their behaviour and outcomes, risk of recidivism, and relationship with the police. Use of LFR could exacerbate behavioural problems in children and create an adversarial, rather than trusting, relationship with the police from a young age. 

Lack of Public Support 

Recent polling commissioned by Liberty indicated that 48% of people oppose scanning the faces of those walking on high streets when there is no suspected imminent threat. Furthermore, Opinium found that the majority of people oppose the use of facial recognition in schools. Likewise, a report by the London Policing Ethics Panel found that Londoners aged 16-24 were most likely to find the Metropolitan Police Service’s use of LFR unacceptable and most likely to stay away from events where LFR was in use.

On these grounds, Nottinghamshire Police must immediately halt their plans to use live facial recognition surveillance any further.

Read our full letter here. 

Just days after a damning WIRED report exposed that Meta had quietly embedded facial recognition technology (FRT) code into millions of phones, the tech giant has quietly acquiesced in demands to reverse course.

Last week, researchers identified code in Meta AI, a companion app for its line of smart glasses, that could convert images of faces into unique biometric signatures to identify strangers in public. EFF’s Threat Lab verified these findings through static analysis, and reminded consumers to think twice before buying or using Meta’s surveillance glasses. 

Just as quietly as Meta embedded this code, the app’s June 5th app update appears to have quietly removed all those features and systems. Gone is the face-recognition technology, the code meant to trigger “Person recognized” alerts, and the machine learning models and databases  designed to detect, digitize, and store the biometric signatures of people users engage with.

When WIRED broke the news last week, Meta’s executives immediately went on the defensive. Yet, their actions speak louder than their tweets: less than 48 hours after the public caught wind of their plans, Meta quietly launched an update to scrub nearly all traces of the FRT system from their app.

But this quiet deletion of code does not equal a permanent change of heart. Meta previously used face recognition, and stopped only after it faced the legal and financial consequences. Now the company has refused to answer WIRED’s inquiries on whether it plans to bring the NameTag system back in the future, or what they did with any data they may have already collected during internal testing. 

There are billions of reasons not to turn Meta’s customers into a distributed surveillance machine. This whiplash behavior proves exactly why we cannot rely on the "good will" of Big Tech to protect our digital rights. We need robust, enforceable consumer privacy laws, complete with a private right of action that allows everyday people to sue companies that violate their biometric privacy.

While we won this round, Meta's FRT ambitions probably aren't going away. EFF will keep watching.

Update, June 8, 2026: Following widespread public scrutiny and WIRED’s critical reporting, Meta has stripped the unactivated facial recognition code from its latest Meta AI app update.

Meta has deployed facial recognition code to millions of their always-on surveillance glasses, according to new reporting by Wired. EFF’s Threat Lab was able to confirm that the facial recognition code is present through static analysis of the application. 

This dangerous new Meta functionality stores faceprints as a series of 2,048 numbers uniquely representing the positioning of a person’s facial features. When this feature is activated, it will convert every new face in the sightlines of the surveillance glasses into a series of numbers, and compare it to all the existing faceprints in the user’s database.

Wired and EFF confirmed that the code is present and active, though not yet exposed to consumers. Another researcher confirmed that when they manually added a face to the app database by connecting the phone to a computer in debug mode and issuing a few commands, the glasses would subsequently detect that face when it came into view. 

Meta has already paid $650 million to settle a BIPA lawsuit challenging mass facial recognition of every photo posted to its platform, a feature which it has since shut down. 

Despite the billions of reasons not to, Meta seems to have created the capacity to turn their customers into a distributed surveillance machine. This is just one more reason to think twice before buying or using Meta’s surveillance glasses. 

Considering that Meta previously wrote in an internal document that they want to launch facial recognition “during a dynamic political environment where many civil society groups that we would expect to attack us would have their resources focused on other concerns," this invasive new feature doesn't come as a surprise. But Meta's surveillance plans won't escape public scrutiny that easily, and we'll be watching if this feature is rolled out to the public. 

Axon Enterprise Inc. is working with a Canadian police department to test the addition of face recognition technology (FRT) to its body-worn cameras (BWCs). This is an alarming development in government surveillance that should put communities everywhere on alert. 

As many as 50 officers from the Edmonton Police Department (EPD) will begin using these FRT-enabled BWCs today as part of a proof-of-concept experiment. EPD is the first police department in the world to use these Axon devices, according to a report from the Edmonton Journal. 

This kind of technology could give officers instant identification of any person that crosses their path. During the current trial period, the Edmonton officers will not be notified in the field of an individual’s identity but will review identifications generated by the BWCs later on. 

“This Proof of Concept will test the technology’s ability to work with our database to make officers aware of individuals with safety flags and cautions from previous interactions,” as well as “individuals who have outstanding warrants for serious crime,” Edmonton Police described in a press release, suggesting that individuals will be placed on a watchlist of sorts.

FRT brings a rash of problems. It relies on extensive surveillance and collecting images on individuals, law-abiding or otherwise. Misidentifications can cause horrendous consequences for individuals, including prolonged and difficult fights for innocence and unfair incarceration for crimes never committed. In a world where police are using real-time face recognition, law-abiding individuals or those participating in legal, protected activity that police may find objectionable — like protest — could be quickly identified. 

With the increasing connections being made between disparate data sources about nearly every person, BWCs enabled with FRT can easily connect a person minding their own business, who happens to come within view of a police officer, with a whole slew of other personal information. 

Axon had previously claimed it would pause the addition of face recognition to its tools due to concerns raised in 2019 by the company’s AI and Policing Technology Ethics Board. However, since then, the company has continued to research and consider the addition of FRT to its products. 

This BWC-FRT integration signals possible other FRT integrations in the future. Axon is building an entire arsenal of cameras and surveillance devices for law enforcement, and the company grows the reach of its police surveillance apparatus, in part, by leveraging relationships with its thousands of customers, including those using its flagship product, the Taser. This so-called “ecosystem” of surveillance technologyq includes the Fusus system, a platform for connecting surveillance cameras to facilitate real-time viewing of video footage. It also involves expanding the use of surveillance tools like BWCs and the flying cameras of “drone as first responder” (DFR) programs.

Face recognition undermines individual privacy, and it is too dangerous when deployed by police. Communities everywhere must move to protect themselves and safeguard their civil liberties, insisting on transparency, clear policies, public accountability, and audit mechanisms. Ideally, communities should ban police use of the technology altogether. At a minimum, police must not add FRT to BWCs.