BohaCica1k

American here, mad as hell. I am pretty sure we can still opt out of biometrics arriving or departing the U.S. However, on my last flight from San Francisco to Europe with United I was told by the staff "You can't opt out, if you don't cooperate I am not gonna let to board you". There was no recourse no nothing, calling for a supervisor was pointless because there was only 5 minutes left for the gate to close so I was either going or not going. Well I gave up, but ended up being upset.

Am I wrong or is biometric still voluntary for Americans? Secondly, assuming I am in the right, can you give me any advice how could I file a complaint?
Thirdly, now that I've been photographed, what is the privacy policy of United and CBP? Do they really delete pictures after 12 hours as they say?

gsoltso

clarification question, which group exactly, was operating the biometrics system? Was it the airline or TSA? Or was it Customs?

BohaCica1k

good question! That day I was able to successfully opt-out of the TSA system. And this issue I am mentioning in my main post happened right at the United airline's gate and I was told, this was not their system but the CBP, no idea if they told me truth though

Section 107

Yes, biometric facial comparison is still voluntary for US citizens on both entry and exit. However, opting-out then requires manual inspection.

If you were exiting on a US passport* then staff was incorrect to declare "you cannot opt-out" and was wrong to state you would be denied boarding BECAUSE of "not cooperating."

You can contact the CBP INFO Center at 1-877-CBP-5511 (outside the U.S., call 202-325-8000) to file a complaint.

Some considerations:

You say you are "American" - implying you were exiting on a US passport. If you were exiting on a US passport* then staff was incorrect to declare "you cannot opt-out" and was wrong to state you would be denied boarding for "not cooperating." It is possible the employee was ignorant and ill-trained of the law and procedures. Or, the employee was "exaggerating" in order to expedite the process and avoid a delay in closing the door or causing you to miss the departure waiting for inspection.

*But if you have multiple passports, and somehow the employee knew that - such as having the non-US passport in your APIS for the destination country, then s/he might not have been entirely incorrect.

And as you noted, with only 5 minutes to door closing, manual inspection probably would have resulted in missing your flight. Perhaps the employee was intending, inadvertently did you a favor.....

Here is the latest published info from CBP regarding this: Biometric Privacy Policy | U.S. Customs and Border Protection (cbp.gov)
CBP still maintains the comparison software itself does not retain images and that entry/exit photos taken of citizens at port of entry screening are retained for only 12 hours. YMMV.

SPN Lifer

Said with a smile, "I know the law, and it will be a lot quicker to process me manually than to retrieve my bag."

BohaCica1k

Whenever I opted out in past, the manual inspection was just to look at my passport very quickly ... or is it more involved nowadays?

Thanks for the info. I wonder if it is worth it though unless they do something more than just say "oh thank you and we are sorry". United could fire the ill-trained personnel at least.

By the way, I was leaving on US passport only, nothing else should have been in the APIS for me afaik.

As far as I know they store images of foreigners indefinitely, right? Should we trust them that they erase images of US citizens?

I wonder is this CBP biometric exit system also connected with the airlines (such as United)? I have to live with the fact the CBP has my picture but United doesn't need it for anything

Those of you who fly internationally more frequently than I do, has this Exit biometric screening become a norm these days all across the U.S. airports? Or was I just "lucky" because I flew out of San Francisco?

Section 107

Manual inspection can be as simple as what you experienced or much more detailed - officer discretion.

Filing a complaint will let them know training/re-training is needed. No-one will be fired.

Yes, biometrics and photos of aliens are retained indefinitely. Regarding citizens- that is why I said "CBP still maintains..."

T-15.01

I haven't had this on international but the TSA agents in recent days have been a bit rude when I've opted out. I've had "you realize the government already has your picture, right" to which I replied "yes, exactly, which begs the question why they would ask for it again, right?" To just downright eye rolls and telling me with a huge sigh, that they have to do it manually. Which means them using their eyes to make sure it's really me. It's such a nonsense that the biometrics is some sort of time saver. Maybe in time to come but for now manual verification takes 1 second. Opt out for me, at least while I can.

FliesWay2Much

OK, I found the PIA addressing this "trial period" of facial recognition. It's only 12 pages. A couple of things jump out at me:

Maybe it's just me, but I don't remember ever opting in when checking in on a mobile or laptop app.

This is why every checkpoint on the planet is plastered with those signs.

"Temporarily" to the TSA means 180 days. Until I read this PIA, I had no idea the TSA gives itself permission to keep our pictures for six months. There's no way this directorate keeps all the data in-house and is only studied by federal civil servants. Of, course, they have contractors doing all the work. What could possibly go wrong?

Contradicts the 180 day retention ability of the DHS S&T directorate. Which is it, TSA?

TWA884

The collection of biometric data of passengers departing from the US is done by the CBP; it has nothing to do with the TSA.

Section 107

It is important keep the various parts of the overall EXIT system separate. There is CBPs database of biometric data and there is the FRT comparison system which collects biometric/FRT data at the EXIT CONTROL inspection checkpoint. The data collected at the EXIT CONTROL inspection checkpoint gets compared to the database. CBP keeps the database of biometric data indefinitely (eg. permanently). The biometric comparison system at the EXIT CONTROL inspection checkpoint keeps the data collected at the checkpoint for only 12 hours.

In addition, CBP owns, operates and maintains the entire automated Entry/Exit biometric database and comparison process. However, the comparison system equipment can be operated by personnel of any of the following: CBP, TSA, or the airlines or airport operator.

gsoltso

This is the perfect answer.

In terms of how long images are retained, I do not... rely 100% on what is published - that is not me speaking as a rep of the government, but simply as an American citizen observing how things are working at the moment.

lamphs

I think the question was asked, but didn't see an answer. American as in a citizen of the USofA or one of many others countries in the Americas? Details are important.

And help me out. What is the problem with biometrics? I'm likely caught on cameras dozens of times per week. Not much I can do about it and I have nothing to hide.

SPN Lifer

Reading the initial post by the original poster (OP) in its entirely makes it fairly obvious that "American" is being used in the context of the USA.

For those unable to glean that, the OP made that clear in Post # 6.

Section 107

There is not a particular problem with biometrics, per se. Rather, the problem is distrust of government. Read on...!

From its origins and as embodied in its Constitution, the USA philosophically and fundamentally puts the individual person, and collectively the people, before the government and is highly distrustful of the government and therefore makes the government subordinate to the people and regulates the government. Which is why the rights enumerated in the Constitution are stated as existing before, and in spite of, the government as opposed to those societies where basic rights are granted by the whim and largesse of the government.

The Founders of the American Experiment knew that government is administered by humans who have been endowed by their creator with an innate propensity to aggregate and abuse power for personal* gain. This understanding of the failings of humans continues today and for good reason: past and contemporary history is replete with examples of government administrators in the USA and around the planet using the power of the technology at their disposal to abuse their authority and unjustly punish the people. Many of those people believed they also had "nothing to hide."

Therefore, many people distrust the government to handle/use biometric data in keeping with our philosophy and regulations regarding limits on government power.

More practically, many people do not trust the government to keep the data we are compelled to provide out of the hands of private sector interests who would LOVE to have this highly accurate biometric data instead of having to rely on the much less accurate biometric data they are currently surreptitiously collecting.

* "personal gain" in a very broad sense and not just mere financial gain of the government employee/administrator - it can mean political power, policy influence, etc.