TSA’s New Photo Policy Raises Eyebrows At New York Airports

As New Yorkers try to cram summer vacations into the last few moments of summer, they will run into TSA checkpoints if they are traveling by air. There has been one major change - the requirement to have a REAL ID if you don't have a passport or an Enhanced ID. If you haven't traveled by plane in a while, you may also notice that TSA agents require you to take a photo. What's that all about?

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As someone who has TSA PreCheck, Digital ID, and CLEAR, I don't worry about TSA taking my photo. If I ever commit a crime, they already have all my info. But for some people, criminals and non-criminals, it could be troubling to know that TSA is taking your photo via facial recognition technology, especially if you don't get any type of explanation about why it is necessary. Most people are already stressed out by the time they get to a TSA checkpoint. Traveling is not easy, even if you do it frequently.

While I do generally agree to take the facial recognition photo, I have always wondered what happens to my photo. The signs I have seen say that the photo is deleted. However, given the current state of America, I don't have full confidence in that. Most people don't know that the photo is actually optional and not a legal requirement to fly out of New York airports. The problem is, the TSA agents don't readily volunteer that info, and signage is piss poor, at best. Supposedly, you can opt out without being delayed or punished.

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I have opted out a few times, just for its and giggles, and gotten some annoyed looks from the TSA agents (one even took my photo anyway). From my experience, when you opt out, you are forced to show your ID, and you may be asked to give your flight number or to scan your boarding pass. The Algorithmic Justice League survey says that nearly 99% of travelers said TSA staff did not tell them they had the right to opt out. Plus, like most of my experiences, New Yorkers did not see any signs stating that the pics are optional. TSA claims, "Facial recognition is not surveillance. It’s not used for law enforcement purposes. Your photo isn’t stored or saved—it’s deleted immediately."

There is a new bipartisan bill - the Traveler Privacy Protection Act of 2025 - that aims "to limit the use of facial recognition technology in airports, and for other purposes." You can read the bill here.

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