EPIC Settles FOIA Case About Facial Recognition Opt-Out Procedures At Airports

April 24, 2020

EPIC has settled a Freedom of Information Act lawsuit against Customs and Border Protection. EPIC sought records concerning the agency's "alternative screening procedures" to determine whether travelers are able to to opt-out of facial recognition at airports. EPIC filed the request after Custom and Border Protection repeatedly modified the opt-out language, making it increasingly difficult for travelers to opt-out. EPIC obtained numerous documents, including the Standard Operation Procedure that states that the alternative procedure for U.S. citizens is a review of their U.S. passport. At the end of last year, CBP removed its proposal to require all U.S. citizens to undergo mandatory face recognition at airports. Last year, Buzzfeed featured documents from a related FOIA lawsuit about CBP's flawed airport facial recognition program.

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