Privacy and Security in Official Photos

Introduction

Official photos collected by Department of Homeland Security (DHS) components are central to identity verification at U.S. ports of entry and departure. This guide explains how those photos are used, the privacy and security context described in the DHS rulemaking excerpt, and practical steps travelers can take to prepare and comply.

Why official photos are used

DHS uses photographs and other biometrics to verify that the person presenting travel documentation is the true bearer of that document. An integrated biometric entry‑exit system that matches photographs collected on arrival and departure strengthens border security, reduces document fraud, and helps identify overstays.

Legal and regulatory basis

The excerpt explains DHS is statutorily required to implement an automated entry and exit data system that matches biographic data and biometrics of aliens entering and departing the United States. DHS has broad INA authority to require biometrics and other identifying information upon entry or departure.

Historical context

U.S. Customs and Border Protection (CBP) has collected biometric data from certain arriving aliens since 2004. Until the actions reflected in the final rule, there was not a comprehensive system for collecting biometric data from departing aliens.

Facial comparison technology as the primary biometric

Based on tests and technology advances, CBP determined facial comparison technology to be the best available method for biometric verification. The technology was described as accurate, unobtrusive, and efficient for matching photographs across entry and exit.

How photos are collected and used

The final rule and related testing support collecting photographs at multiple travel modalities (air, sea, and land, including pedestrian lanes) and comparing those photos against arrival records. The process uses existing advance passenger information in combination with photos for comparison.

Operational constraints that affect photo collection

One operational challenge noted is that many U.S. ports lack designated, secure exit areas to conduct outbound inspections and capture departure biometrics. This logistical reality influences how and where photos are collected.

Privacy and personally identifiable information (PII)

Photographs used for facial comparison are PII. The document references privacy oversight constructs (for example, PIA and SORN are listed among abbreviations), indicating that privacy assessments and system-of-records notices are part of the regulatory environment governing how such data are handled.

Public comment and data visibility

The rulemaking process allows public participation, but the document explicitly states that all comments received, including any personal information provided, will be posted without change to regulations.gov. Travelers and commenters should be aware of this when submitting personal information in comments.

Systems and program references

The supplementary text lists relevant systems and programs by abbreviation (for example, IDENT, OBIM, ADIS, HART, APIS, TVS). Those systems and services are part of the broader biometric and traveler-information ecosystem referenced in the rulemaking.

Security and accuracy benefits of photographs

Using photos for biometric comparison provides a more accurate identity verification mechanism than biographic data alone. The rulemaking explains that photo-based matching can prevent imposters from using others’ credentials, reconcile errors in biographic records, and strengthen identification of known or suspected criminals and terrorists.

Validation and “no match” procedures (as referenced)

The document notes that the final rule includes procedures for facial-comparison-based entry and exit and references “no match” procedures. That implies there are defined processes when a collected photo does not match arrival records, although the excerpt does not give procedural detail in this section.

Traveler compliance expectations

Under the final rule and existing statutory authority, travelers—particularly noncitizens—should expect to provide photographs or otherwise be subject to photographic capture as part of entry and departure processing. Compliance with CBP directions at ports of entry and exit is required.

Practical tips — before travel

  • Carry valid travel documents and ensure the biographic information (name, date of birth, passport data) you provide in advance passenger information is accurate and matches your documents.
  • When completing advance passenger information (APIS), double-check entries to reduce reconciliation issues later.
  • Be aware that facial comparison may be performed across multiple modalities (air, sea, land) and plan to follow on-site instructions from CBP or other DHS personnel.

Practical tips — at the port

  • Follow CBP instructions promptly during inspections; CBP’s tests indicate facial-comparison collection aims to be unobtrusive and efficient.
  • Present the travel document you will use for boarding/entry and make sure it is in the same name and biographic detail that was provided in any advance submissions.

Practical tips — if you find an error or have a privacy concern

  • Keep records of your travel documents and of any interactions where you believe incorrect biographic or biometric information was recorded.
  • The document references privacy and redress mechanisms in the broader DHS framework (abbreviations include DHS TRIP, FOIA, PIA, SORN). Use DHS channels for inquiries about records and data-handling policies; be mindful that rulemaking comments submitted to regulations.gov may be publicly posted.

Common mistakes to avoid

  • Providing inconsistent biographic information between travel documents and advance submissions.
  • Assuming that comments submitted about the rulemaking are private—comments will be posted as stated.
  • Attempting to use another person’s travel credentials (the system is designed to detect such misuse).
  • Failing to follow CBP directions during entry or exit biometric collection.

What the system does not guarantee (based on excerpt)

The excerpt emphasizes the benefits of photo-based biometric comparison but does not promise specifics about timing, location, or exact capture methods at each port; operational constraints and local processes can vary.

Closing summary

Photographs used in DHS biometric entry-exit processes are central to identity verification, border security, and fraud prevention. They are treated as PII within a regulated environment that includes privacy assessments and public notice requirements. Travelers should ensure accurate biographic data, comply with CBP instructions, be aware of privacy implications when commenting on rulemaking, and use DHS redress and privacy channels if they suspect errors or have concerns.