A bill that would protect the ability to opt out of biometric security checks at airports is at the center of controversy. While travel associations have decried the bill, electronic rights groups have thrown their support behind the legislation.
The bipartisan bill, called the Traveler Privacy Protection Act of 2025 and introduced in May by Democrat Senator Jeff Merkley (OR), as well as Republican Senators Roger Marshall (KS), John Kennedy (LA), and Steve Daines (MT), condemns a “national surveillance state” through the collection of biometric data.
“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,” Merkley said at the time. “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.”
The U.S. Travel Association criticized the bill, writing to Senators Ted Cruz (R-TX) and Maria Cantwell (D-WA) that the legislation would “severely restrict” TSA’s authority to “use biometrics and facial recognition technology (RFT), which significantly enhances national security and improves the travel experience.” The organization added that the technology has been “funded by Congress for years” and requires photos to be deleted, as well as allowing passengers to opt out of the program.
Other organizations, such as the Electronic Privacy Information Center (EPIC), ACLU, Fight for the Future, and the Project on Government Oversight, have voiced support for the bipartisan bill. The groups sent a letter to Senators Cruz and Cantwell, writing that the legislation’s codification of rights would “ensure that safeguards are established in law and prevent future administrations from changing those practices or repurposing our data.”
The Trump administration has implemented several reforms within TSA in recent weeks. These include ending the shoe removal policy and halting the surveillance program Quiet Skies. Homeland Security Secretary Kristi Noem has also weighed a reform that would permit travelers to carry a larger amount of liquids through security lines.
