Which countries allow travelers to opt out of biometric passport scans and under what laws?
Executive summary
Travelers’ ability to “opt out” of biometric passport scans varies sharply by country and by the law or policy at the point of collection: in the United States most reporting and DHS materials say U.S. citizens can decline TSA or CBP facial scans and instead receive manual passport inspection (e.g., CBP retains citizen photos up to 12 hours and allows manual review) [1] [2] [3]. By contrast, the European Union’s new Entry/Exit System (EES) requires non‑Schengen visitors to submit fingerprints and a photo on first entry and explicitly warns that refusal can lead to denial of entry [4] [5]. Coverage of other countries is uneven in the provided sources; many nations collect biometrics routinely, but exemptions and legal opt‑outs depend on national visa rules, age exemptions, or specific programs [6] [7] [8].
1. U.S.: opt‑out for citizens, mandatory for many non‑citizens — new DHS rule solidifies practice
Department of Homeland Security finalized a rule expanding biometric entry/exit for non‑U.S. citizens while reaffirming that U.S. citizens are not subject to the mandatory rule and may “notify a CBP officer or airline representative and undergo manual inspection” instead of facial biometrics [1] [9]. CBP’s privacy policy states U.S. citizen photos are retained no more than 12 hours [2], but reporting shows opting out can carry practical penalties such as delays or secondary inspection [3] [10]. The final rule takes effect Dec. 26, 2025 and applies across air, land and sea ports for non‑citizens [10] [11].
2. EU (Schengen/EES): refusal can mean refusal of entry — law, not just policy
The EU’s Entry/Exit System launches across Schengen states with fingerprints and facial images collected from most non‑EU visitors; multiple outlets explain that if a traveler refuses to provide the mandated biometrics they can be refused entry under the EES framework [4] [5] [12]. Children under certain ages and other narrow categories are exempt, but for the typical third‑country visitor the obligation is statutory and noncompliance carries the consequence of denied entry [12] [6].
3. Other countries: routine biometric collection with narrow statutory exemptions
Outside the U.S. and EU, many countries already collect fingerprints and facial photos on entry (examples cited include Japan, South Korea, Singapore, Kenya, South Africa and Russia) and require them either at visa application or border control; exemptions tend to be statutory (children, diplomats, some visa‑type exceptions) rather than a broad “opt‑out” right for ordinary travelers [8] [6] [7]. National visa pages and travel‑guides document these rules and specific exemption lists [7] [6].
4. Distinction between voluntary screening (TSA) and mandatory immigration checks (CBP/EES)
U.S. reporting distinguishes TSA checkpoint facial‑matching (presented as voluntary with an alternative “standard ID verification” if you decline) from CBP’s biometric exit/entry (which is mandatory for many non‑citizens and optional only for U.S. citizens) [13] [1] [2]. Legislative pushes — like the Traveler Privacy Protection Act and state bills — seek to curb TSA or private biometric uses, reflecting disagreement about whether opt‑outs should be stronger or more limited [14] [15].
5. Practical risks and real‑world effects of opting out
Sources report consistent practical risks when travelers decline biometrics: delays, secondary inspection, or missed flights are possible even where an opt‑out exists on paper [3] [10] [16]. Civil‑society litigation and watchdog comments also show disagreement about how clear and enforceable opt‑out procedures are (some legal filings argue opt‑out is not realistically available) [17] [18].
6. What is not settled in the provided sources
Available sources do not mention a comprehensive global list of every country that legally allows an ordinary arriving or departing traveler to opt out of biometric collection without risking denial of entry; instead reporting focuses on the U.S., the EU’s EES rollout, and illustrative examples elsewhere (not found in current reporting). Detailed statutory citations for each nation’s opt‑out rules are not supplied in these results; travelers should consult official government immigration pages for the destination country [7] [6].
Conclusion — what travelers should do now
If you plan to rely on an opt‑out: (a) check the specific border‑control rules for your destination (EES countries will not accept refusal) [5] [4]; (b) in the U.S. know that agencies state you can request manual inspection but that delays or secondary screening may follow [1] [3]; and (c) for other countries consult their visa and immigration pages for statutory exemptions [7] [6]. Sources disagree on how smoothly opt‑outs work in practice and on appropriate legal limits, so expect both legal nuance and operational friction [17] [14].