Item Number:  ____8a__________
Meeting Date:  December 10, 2019
1                                                   MOTION 2019-13: 
2                                 A MOTION OF THE PORT OF SEATTLE COMMISSION 
3 
4                             adopting guiding principles for the public-facing use of
5                             biometric technology at Port of Seattle maritime and
6                             aviation  facilities;  establishing  a  working  group  to
7                             develop  policy  recommendations  governing  public-
8                             facing  biometric  use  at  the  port; and  establishing
9                             deadlines for further actions. 
10 
11                                                   PROPOSED 
12                                              DECEMBER 10, 2019 
13 
14                                                 INTRODUCTION 
15 
16    Biometrics is the measurement and analysis of physical and behavioral characteristics that are
17    used to identify individuals through technology. An example of a physical characteristic includes
18    the unique features of an individual's face or their fingerprint. An example of a behavioral
19    characteristic includes an individual's voice, signature, or how they walk.
20 
21    The Port of Seattle has long used various forms of biometrics at its aviation and maritime
22    facilities  for access control and verification of employee, contractor, vendor, consultant
23    identity. However, biometric technology  particularly facial recognition  is increasingly being
24    deployed on the customer-facing side of airport and cruise operations, as both an identity 
25    validation as well as a customer facilitation tool to speed up check-in, boarding and screening
26    processes. 
27 
28    As with  any developing technology, public sector  leaders have an obligation to ensure
29    appropriate and responsible use of not only the technology itself, but the related data that is
30    generated. The port commission believes proper biometric policy should balance operational
31    needs, business priorities and regulatory mandates with protections for the interests and rights
32    of passengers, employees and other visitors to our facilities. 
33 
34                                              TEXT OF THE MOTION 
35 
36    Port of Seattle Principles for Public-Facing Biometric Technology 
37    The Commission hereby adopts the following principles to guide the use of public-facing
38    biometric technology at Port of Seattle facilities: 
39 
40        1)  Justified: Biometric technology at port facilities should be used only for a clear intended
41            purpose that furthers a specific operational need. The port does not condone biometrics
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42            for "mass surveillance"  for example, use of facial recognition on large groups of people
43            without a lawful purpose, rather than single-use for travelers. 
44 
45        2)  Voluntary: The use of biometrics to identify and validate travelers through port facilities
46            should be voluntary, and reasonable alternatives should be provided for those who do
47            not wish to participate  through a convenient "opt-in" or "opt-out" process, except in
48            specific situations authorized  by the port or required by federal law such as U.S.
49            Customs and Border Protection's (CBP)  entry and exit requirements  for non-U.S.
50            citizens. Unintended capture of data by biometric technology from those travelers
51            opting out of such biometric data collection, or of any non-travelers or other visitors at
52            the airport, should be prevented; any unintended capture of this data should not be
53            stored. 
54 
55        3)  Private: Data collected by biometric technology at port facilities or by port employees 
56            from travelers through port facilities should be stored only if needed, for no longer than
57            required by applicable law or regulations, and should be protected against unauthorized
58            access. The port  opposes this data being  knowingly sold or used for  commercial
59            purposes unrelated to processing travelers at port facilities without their clear and
60            informed consent. 
61 
62        4)  Equitable: The port opposes discrimination or systemic bias based on religion, age,
63            gender, race  or other demographic identifiers. Biometric technology used at port 
64            facilities or by port employees should be reasonably accurate in identifying people of all
65            backgrounds, and systems should be in place to treat mismatching issues with proper
66            cultural sensitivity and discretion. 
67 
68        5)  Transparent: Use of biometric technology for passenger processing at port facilities
69            should be communicated to visitors and travelers. Individuals should be notified about
70            any collection of their biometric data to facilitate travel at port facilities, and how that
71            data may be used, in easily understood terms.  Reports on the performance and
72            effectiveness of the technology should also be made public to ensure accountability. 
73 
74        6)  Lawful:  Use  of  biometric  technology  and/or  access  to  associated  biometric  data
75            collected should comply with all laws,  including privacy laws and laws prohibiting
76            discrimination or illegal search against individuals or groups. 
77 
78        7)  Ethical:  The port  and its partners  should  act ethically when  deploying biometric
79            technology or handling biometric data. Ethical behavior means actions which respect
80            key moral principles that include honesty, fairness, equality, dignity, diversity and
81            individual rights. In particular, use of biometrics at port facilities should comply with 
82            Resolution No. 3747, establishing the port's Welcoming Port Policy Directive to increase
83            engagement with, and support for, immigrant and refugee communities. 
84 

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85    These principles will apply until a more comprehensive policy is put in place, through the
86    working group process laid out below. 
87 
88    Implementation of Biometric Principles for Maritime and Aviation Use 
89    Port leadership will implement an approval process for any proposals for new or expanded use
90    of public-facing biometric technology to ensure alignment with these principles. Any proposal
91    for new or expanded use of public-facing biometric technology will be communicated in
92    advance directly to the port commission and through the port's external communications
93    channels. The use of public-facing biometric technology at port facilities is subject at all times to
94    the port's requirements, which may be revised and changed following implementation of port
95    policies through the working group process described below. Upon implementation, the Port's
96    biometric policies should be incorporated into commitments or agreements governing the use
97    of biometric technology at Port facilities. 
98 
99    Because the  port  does not have jurisdiction over the  use of biometrics by the federal
100    government at our facilities, the port will communicate these principles to CBP and other
101    federal partners such as the U.S. Transportation Security Administration (TSA) and U.S. Coast
102    Guard. We will not only notify them of our desired standards, but also work with these agencies
103    and Congress to ensure that federal programs in place at port facilities are aligned as closely as
104    possible with port policy regarding utilization of public-facing biometric technology. 
105 
106    Through this motion, a port working group is established to develop further recommendations
107    governing port policy related to use of public-facing biometric technology, which shall be
108    submitted to the commission by the end of the 2nd quarter of 2020. Issues to be addressed by
109    this working group include: 
110 
111         the strategic use and objectives of biometrics; 
112         procurement; 
113         transparency and accountability for biometric implementation; 
114         auditing of this technology to ensure compliance and accuracy, and auditing prior to
115            approval of expansion of technology; 
116         commitments or agreements with airlines, cruise operators, and other Port tenants and
117            users; 
118         handling biometric data collected and stored from the technology; 
119         protection of personally identifying information; 
120         data security protocols and protection from unlawful or unauthorized access; 
121         alignment with the port's Welcoming Port Policy; 
122         state and federal policy priorities; 
123         outreach and public awareness strategy to prepare travelers and community members; 
124         and any other relevant topics that arise. 
125 
126    In addition, the working group should develop a comprehensive list of known public-facing
127    biometric implementation being planned at port facilities over the next five years. 

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128 
129    The working group will include, but not be limited to, representatives from the following port
130    departments: Aviation Security; Aviation Operations; Airport Innovation; Maritime Security;
131    Maritime Operations; Commission Office; Office of Equity, Diversity & Inclusion; Information
132    and Communications Technology;  Information Security;  Government Relations;  Legal;  and
133    Police. The working group shall also seek input from  maritime and aviation industry partners
134    and other stakeholders. The policy recommendations shall be delivered to Commission by the
135    end of the 2nd quarter of 2020, and the Commission may create an ad hoc, limited term
136    Commission Committee to oversee these efforts. 
137 
138                                    STATEMENT IN SUPPORT OF THE MOTION 
139 
140    Due to technological advances, perceived customer benefits and federal requirements, there
141    will be a significant increase in public-facing facial recognition technology deployment by public
142    and private sector users over the next few years, including in airport and seaport settings that
143    will impact travelers and other visitors to our facilities. In advance of this expansion, the port
144    commission believes that it has an obligation to institute proper policy frameworks and clear
145    guidelines to reduce potential misuse and abuse, while improving public understanding of the
146    benefits and risks. Specifically, the port must ensure individual privacy, civil liberties, and
147    equity, and that biometric technology and use of the associated data is aligned with state and
148    federal laws intended to protect those rights. 
149 
150    Biometrics are used in various forms at the port's aviation and maritime facilities: 
151 
152         Across the port, port-issued identification cards currently utilize fingerprint biometrics
153            to access secure or restricted areas or to permit authorized personnel access to port 
154            facilities outside of normal business hours or in locations where there is no other
155            monitoring of access. In addition, many  port  employees are issued iPhones with
156            fingerprint and facial recognition as an alternative to password protection, and facial
157            recognition is also used on Microsoft Windows 10. 
158 
159         At Seattle-Tacoma International Airport (Sea-Tac), airport employees are required to
160            scan their fingerprint at many secure doors throughout the facility. Sea-Tac also offers 
161            travelers the option of using CLEAR to validate the identity of a traveler as they process
162            through  TSA  checkpoints  using  biometric  technology  instead  of  using  traditional
163            identification and validation methods. 
164 
165         On the maritime side, biometric data is required by federal regulation for issuance of
166            TSA-issued Transportation Worker Identification Credential (TWIC) smart cards that are
167            required to access maritime facilities regulated by the U.S. Coast Guard and cruise
168            terminal  operational  areas.  In  addition,  the  cruise  industry  is  increasingly  taking
169            advantage of biometrics as a passenger facilitation tool; for example, Norwegian Cruise
170            Line and CBP have partnered for use of facial recognition for disembarkation of guests at
171            Pier 66. 
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172 
173    One of the leading drivers of the expected deployment of public-facing biometrics over the next
174    few years is implementation by CBP  of a Congressionally  mandated  biometric exit-entry
175    screening process for international air passengers. Sea-Tac's International Arrivals Facility will
176    incorporate facial recognition for almost all arriving passengers (other than those U.S. citizens
177    who opt-out), and CBP is working with the port and its airline partners to incorporate this
178    technology into departing international passenger processes. 
179 
180    Facial recognition is also increasingly being utilized by the port's private sector partners. Delta 
181    Air Lines opened the first full biometric airport terminal in Atlanta in November 2018, and is
182    working to bring aspects of their "curb to gate" experience to Sea-Tac. Similarly, many of the
183    port's cruise partners are working to streamline the check-in and boarding process for their
184    travelers through facial recognition. 
185 
186    Some members of the public and various advocacy organizations have expressed concerns
187    about the rapidly expanding use of facial recognition. These stakeholders have raised issues
188    around privacy, equity and civil liberties, although their main focus has been on broad law
189    enforcement use of this technology for "mass surveillance" rather than the kind of customer
190    facilitation uses that are being considered at port facilities. They support the use of appropriate 
191    regulation to ensure protections against abuse, discrimination and unintended consequences. 
192 
193    ADDITIONAL INFORMATION ATTACHED 
194    Presentation slides 










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