Traveler Privacy Protection Act of 2025
- Bill Number
- S. 1691
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Transportation and Public Works
- Status
- Introduced
- Latest Action
- 2025-05-08: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- Last Updated
- 2026-03-09T14:36:03Z
AI-Generated Summary
Purpose
The Traveler Privacy Protection Act of 2025 aims to protect passenger privacy by restricting the Transportation Security Administration's (TSA) use of facial recognition technology in U.S. airports. It emphasizes informed consent, data minimization, and prohibitions on surveillance, while allowing limited use for identity verification under strict conditions.
Key Provisions
- Definitions: The bill defines key terms, including:
- Biometric information: Data from unique physical traits like facial scans, fingerprints, or iris patterns used to identify individuals.
- 1:1 matching software: Compares a live scan to a photo on a passenger's ID.
- 1:N identification software: Compares a live scan to a database of biometrics held by the Department of Homeland Security (DHS).
- Affirmative express consent: A clear, voluntary action by a passenger (not implied by entering a line or accepting terms) to allow facial recognition use.
- Approved identification document: A list of acceptable IDs, such as driver's licenses, passports, or trusted traveler cards (e.g., Global Entry).
- Trusted Traveler Program: Pre-approved programs like Global Entry or TSA PreCheck.
- General Prohibition on Biometric Use: TSA cannot capture, collect, store, or process biometric data via facial recognition for passengers, except in narrow cases. This applies to non-employees at airport screening locations (secure areas before boarding).
- Exceptions for Identity Verification:
- TSA may scan IDs to verify passenger details without collecting biometrics.
- For Trusted Traveler Program members: Facial recognition allowed at screening if passengers get clear notices at enrollment/renewal, can opt out without penalty, and receive on-site notifications (signs, announcements). Opting out uses ID-only verification.
- For general passengers (non-trusted travelers): Verification defaults to ID-only; facial recognition requires opt-in with affirmative consent each time, clear notifications, and no penalties for declining.
- Notifications must be accessible, explain options without bias, and cover areas like check-in and gates.
- Data Minimization Rules (effective 30 days after enactment):
- Capture only essential images for verification.
- No sharing biometrics outside TSA.
- Storage limited: 1:1 matches deleted after verification; 1:N matches after 24 hours post-flight.
- Comparisons limited to the passenger's ID photo (except for trusted programs).
- Testing Exception: TSA can retain images for evaluation in separate areas if notices comply with the Privacy Act (a law protecting personal data), images are deleted within 90 days, and use is solely for testing software (not surveillance).
- Data Disposal: Within 90 days of enactment, TSA must delete all pre-existing biometric data that would violate the new rules.
- Prohibitions:
- No use for tracking passengers outside screening, profiling based on rights exercise, or broad surveillance.
- No discriminatory treatment (e.g., extra screening) for opting out.
- Reporting Requirement: The Government Accountability Office (GAO) must submit annual reports to Congress assessing:
- Effectiveness for security, passenger experience, and costs.
- Error rates (false positives/negatives) and biases (by age, race, ethnicity, sex).
- Privacy and civil rights protections.
- Reports are unclassified but may include classified sections; they protect personal data.
- Amendments to Existing Laws: Updates the Aviation and Transportation Security Act and other aviation security sections (in 49 U.S.C.) to apply these restrictions to biometric and technology uses.
Significant Changes to Existing Law
- Adds a new subsection (m) to 49 U.S.C. § 44901, directly limiting TSA's authority over facial recognition, which was previously unregulated or broadly permitted for security.
- Modifies the Aviation and Transportation Security Act (2001) and 49 U.S.C. § 44903 to subordinate biometric deployments to these privacy rules, shifting from permissive to restrictive frameworks.
- Introduces mandatory consent, opt-in/opt-out mechanisms, and data deletion requirements, replacing any prior assumptions of implied consent through airport entry.
- Mandates GAO oversight, creating ongoing accountability not previously required for this technology.
Potential Impacts
- On Government Agencies: TSA must redesign screening processes, train staff, install notifications, and delete data, potentially increasing short-term costs but reducing long-term privacy litigation risks. GAO reports could lead to further congressional adjustments.
- On Citizens: Enhances privacy by giving passengers control over biometric use, reducing risks of data misuse or errors (e.g., misidentification). May slow lines for opt-outs but ensures non-discriminatory access; international travelers benefit from consistent ID options.
- On International Relations: Minimal direct impact, but could influence U.S. airport tech standards for foreign visitors (e.g., via passport scans) and set a precedent for global privacy norms in aviation security.
Main Stakeholders Affected
- Passengers: Primary beneficiaries, gaining privacy protections and choice in screening; vulnerable groups (e.g., those facing bias in facial tech) are safeguarded.
- TSA and DHS: Must comply with operational changes, data management, and reporting; trusted traveler programs remain viable but with added notices.
- Airports and Airlines: Affected by screening flow changes; required to display notifications, potentially impacting efficiency.
- Privacy and Civil Rights Advocates: Empowered by anti-surveillance rules and bias assessments.
- Congress and GAO: Gain tools for oversight, influencing future security policies.
- Technology Providers: Limited market for unrestricted facial recognition in airports.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens Privacy Act compliance and introduces consent standards akin to data protection laws (e.g., GDPR influences), potentially reducing lawsuits over unauthorized biometrics. The disposal mandate addresses retroactive privacy violations.
- Constitutional: Bolsters Fourth Amendment protections against unreasonable searches by requiring consent and limiting surveillance, preventing "passive" tracking that could enable warrantless monitoring.
- Political: Bipartisan sponsorship (e.g., Sens. Merkley, Kennedy) signals cross-aisle privacy consensus amid tech debates; GAO reports could spark partisan divides on security vs. rights, influencing broader AI/biometrics regulations. Referred to the Senate Commerce Committee, it may evolve through amendments balancing privacy and safety.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (5)
Sen. Kennedy, John [R-LA], Sen. Markey, Edward J. [D-MA], Sen. Marshall, Roger [R-KS], Sen. Van Hollen, Chris [D-MD], Sen. Daines, Steve [R-MT]
Recent Actions
- 2025-05-08: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- 2025-05-08: Introduced in Senate
Bill Versions
- Traveler Privacy Protection Act of 2025 — issued 2025-05-08 — PDF (19 pages)