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Friday, May 3rd, 2024

Senators call for formal data collection processes before expanding biometric exit system

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After the U.S. Department of Homeland Security (DHS) announced that it would initiate formal rulemaking for its biometric exit program, a bipartisan pair of senators called on Friday for the agency to establish formal processes and procedures for collecting passenger data before expanding the program.

U.S. Sens. Edward Markey (D-MA) and Mike Lee (R-UT) raised questions about the accuracy, security, and authorization of the facial recognition exit program in December. In response, DHS announced plans to initiate formal rulemaking this year before expanding the biometric exit program. On Friday, the senators raised new questions about the ability of passengers to opt out of the program, efforts to reduce burdens placed on travelers, and the extent of visa overstays, which the program aims to address.

In a letter to U.S. Secretary of Homeland Security Kirstjen Nielsen, the senators wrote that formal rulemaking would provide DHS with an “an opportunity to address the concerns previously raised by us as well as stakeholders, including airlines, airports, and privacy advocates.”

Before the biometric exit program is expanded beyond its current nine airports, the senators requested “match rates” to determine the program’s accuracy and more information about processes for American travelers to opt out. The senators also indicated that procedures for collecting passenger data should be formalized in the rulemaking process.

“Within this process formalization, we request that DHS include a description of which data is collected, which agencies have access to the collected data, how long agencies will possess such data, and specific actions that DHS and other relevant agencies will take to safeguard this data,” the letter stated. “Further, we request that DHS set a short-term goal for the immediate deletion of American citizen data after such data is used to verify the American’s identity.”