Item No. 10a_supp
Meeting Date: July 13, 2021

Governing Public-Facing
Biometrics at Port Facilities
Eric Schinfeld, Sr. Manager, Federal
Government Relations

BACKGROUND


2

Biometrics Motion 2019-13 (Adopted 12/10/19)
1.  Adopted seven (7) guiding principles for public-facing biometrics at Port facilities:
1) Justified, 2) Voluntary, 3) Private, 4) Equitable, 5) Transparent, 6) Lawful, 7)
Ethical
2.  Established a Port working group to translate guiding principles into tangible &
enforceable policy recommendations by the end of Q1 2020, for Commission
passage by Q2 2020
3.  Established an external advisory group to provide feedback on proposed Port
working group policy recommendations
4.  Recommended the creation of an ad hoc, limited term commission committee to
oversee these efforts (Special Biometrics Committee)
5.  Put a hold on any new or expanded uses of biometrics at Port facilities until after
Commission approves of policy recommendations and adopts policies

3

Focus on Transparency
Commission Engagement:
Two (2) Commission Study Sessions: Sep 10, 2019 and Oct 29, 2019
Commission Action adopting Motion: Dec 10, 2019
Commission Briefing: Feb 25, 2020
Commission Actions: Mar 10, 2020 and Apr 14, 2020
Development/Review of Recommendations:
Port Working Group meetings/review: Dec 2019  Aug 2020
Eight (8) External Advisory Group Meetings facilitated by consultants: Jan 17, 2020  Sep
25, 2020
Biometrics Special Committee:
Four (4) Commission Biometrics Special Committee: Feb 18, 2020; Mar 31, 2020; Oct 8,
2020; and Dec 11, 2020

4

Multiple Use Case Recommendations
1.  Policy recommendations by "use case" rather than one comprehensive policy
2.  Port Working Group identified "use cases" for public-facing biometrics at Port
facilities and drafted policy recommendations for each use case:
Biometric Exit (Submitted and Approved)
Biometrics for Traveler Functions: Port, non-airline tenant, airline and federal
government
Biometrics for Law Enforcement & Security Functions
3.  External Advisory Group reviewed policy recommendations and provided
feedback during facilitated meetings
4.  Biometrics Special Committee reviewed and recommended policy
recommendations

5

Observations
Not "consensus" recommendations
All stakeholder concerns are being submitted along with the staff
recommendations to provide full transparency
Recommendations are not meant to suggest that the Port
should implement public-facing biometrics, but rather how to
do so in alignment with our guiding principles

6

Biometrics Special Committee Recommendations
Continue the Commission ban on Port and private sector use
of public facing biometrics for "mass surveillance"
Continue the Commission moratorium on Port and private
sector law enforcement and security uses of public facing
biometrics
Regulate biometrics for traveler functions to the degree
possible: Port, tenant, airline and federal
Recommend the Port share its support for US Representative
Jayapal's federal biometrics moratorium legislation
7

EXECUTIVE POLICIES


8

Ban on Mass Surveillance
Applies to Port employees AND private sector tenants
Defines "mass surveillance" as any use of biometric technology to identify individuals without both their awareness and active
participation
All Port policies related to the public-facing use of biometric technology will require use of the technology to be fully voluntary
and "opt-in", where legally possible:
The system only includes the biometric data of those individuals who have actively opted-in to the system for that explicit
purpose;
Does not include biometric data purchased from a third-party or public galleries without the individual's explicit consent;
Only scans those individuals who have actively opted-in and only when they are purposefully and actively participating in
that particular moment;
Comprehensive, clear, and accessible notice is provided at the time of enrollment (i.e.  "informed consent");
Standards for cancelling a subscription/removing an individual's biometric data from the system;
Standards to avoid unintended image capture;
Immediate deletion of biometric data accidentally collected; and
Does not scan large groups to identify those individuals who have opted in.

9

Ban on Law Enforcement & Security Uses
Bans use of biometrics to perform public-facing law enforcement and
security functions by Port personnel or private sector tenants, including:
Direct use of biometric technology at Port facilities
Use of biometrics as part of a collaboration with a federal agency or on a mutual aid assignment
in another local jurisdiction
Not allowed to create or contribute to a biometric database for law enforcement or security
functions unless required
Does not apply to traditional collections of biometrics that are used in
law enforcement, such as the use of fingerprinting or DNA
Port must comply with relevant state and federal laws
10

Biometrics for Traveler Functions by Port & Non-Airline Tenants
The Port should not allow public-facing biometrics for traveler functions unless:
Justified: The relevant Managing Director first seeks feedback from the Technology Ethical Advisory Board and
considers set criteria in deciding whether or not to approve the implementation.
Voluntary:
The proposed application is "opt-in" and not "mass surveillance".
The operator agrees to the Port's standards and training protocols regarding avoiding unintended image
capture, how to deal with mismatching issues with sensitivity and discretion, and how to minimize mismatch
likelihood.
Private: The proposed technology meets and/or exceeds the Port's minimum biometric data security and privacy
standards.
Equitable: The technology demonstrates high levels of accuracy both overall and between various characteristics.

11

Biometrics for Traveler Functions by Port and Tenants (con't)
If the Port approves such an application, it should:
Transparent:
Develop a comprehensive communications plan that includes rights with regard to the program, how to be removed from
the program, and recourse in case of violations of those rights and/or data breaches.
Work with the Technology Ethical Advisory Board to produce an annual accountability report that includes all approved,
publicly available information.
Ethical:
Conduct performance evaluations to ensure that Port staff and/or private sector operators are following all Port policies,
including those related to privacy, customer service, communication and unintended image capture.
Lawful:
Advocate for state and federal laws and regulations that codify the goals of the Port's biometric principles.
Equitable:
Develop an engagement plan to educate local immigrant and refugee communities about the technology and their rights
in multiple languages and in culturally appropriate ways  as well as resources for sharing concerns about any incidents
in which they do not feel they have been afforded their full legal rights and/or their treatment has not been fully
respectful.

12

Biometrics by Federal or Airline Partners
Port has no jurisdiction over CBP or TSA activities, and limited control over airline traveler functions due
to Airline Deregulation Act, but can still play an important transparency and accountability role by:
Requesting notification, and information on how systems meet Port's Biometric Principles
Developing a comprehensive communications plan that notifies the general public of the implementation and all related
information;
Producing an annual accountability report that includes all approved, publicly available information on related topics;
Advocating for federal laws and regulations that support the Port's biometric principles;
Developing an engagement plan to educate local immigrant and refugee communities about the technology, their rights, and
resources for sharing concerns
Port will also develop recommendations for suggested implementation:
Guidelines for avoiding unintended image capture;
Guidelines to help cruise line employees educate disembarking passenger about CBP rules regarding opt-out;
Guidelines for how to deal with mismatching issues with sensitivity and discretion


13

Related Policies
State of Washington regulation of public sector use of facial
recognition biometrics (March 2020)
King County ban on facial recognition use by King County
employees (June 2020)
Biometrics for traveler functions in use at dozens of port
authorities (airports, cruise terminals) by Ports, tenants and
federal agencies
Port of Seattle would be the only port authority to-date to regulate this
technology
14

Questions?

15

Public-Facing Biometrics Guiding Principles
Justified      Should be used only for a clear and intended purpose and not for surveillance
on large groups without a lawful purpose
Voluntary    Should be voluntary and reasonable alternatives should be provided for those
who not wish to participate through an opt-in or opt-out process
Private      Should be stored for no longer than required by applicable law or regulations,
and should be protected against unauthorized access
Equitable    Should be reasonably accurate in identifying people of all backgrounds, and
systems should be in place to treat mismatching issues
Transparent   Should be communicated to visitors and travelers
Lawful     Should comply with all laws, including privacy laws and laws prohibiting
discrimination
Ethical      Should act ethically when deploying technology or handling biometric data
16

Biometrics Working Group
Matt Breed, Chief Information Officer
Julie Collins, Director, Customer Experience
Commander Lisa Drake, Port of Seattle Police Department
Laurel Dunphy, Director, Airport Operations
Marie Ellingson, Manager, Cruise Operations
Eric ffitch, Manager of State Government Relations, External Relations
Bookda Gheisar, Senior Director, Office of Equity, Diversity and Inclusion
James Jennings, Director, Airline Relations
Ron Jimerson, Chief Information Security Officer
John McLaughlin, Senior Port Counsel
Anne Purcell, Senior Port Counsel
Russ Read, Manager, Maritime Security
Wendy Reiter, Director, Aviation Security
Kathy Roeder, Director of Communications, External Relations
Eric Schinfeld, Senior Manager of Federal Government Relations, External Relations
Deputy Chief Mark Thomas, Port of Seattle Police Department
Veronica Valdez, Commission Specialist
Todd VanGerpen, Manager, Aviation Innovation
Dave Wilson, Director, Aviation Innovation

17

Biometrics External Advisory Group
Ian Baigent-Scales, Airport Customer Development Manager - Airport Operations, Virgin Atlantic Airways
Sasha Bernhard, Legislative Assistant, Office of US Representative Suzan DelBene
Dana Debel, Managing Director, State and Local Government Affairs, Delta Air Lines
Adele Fasano, Director, Field Operations, Seattle Field Office, US Customs & Border Protection
Eric Holzapfel, Deputy Director, Entre Hermanos
Suzanne Juneau, Executive Director, Puget Sound Business Travel Association
Scott Kennedy, State and Local Government Affairs Manager, Alaska Airlines
Jennifer Lee, Technology & Liberty Project Director, ACLU
Maggie Levay, Director Guest Port Services, Royal Caribbean
McKenna Lux, Policy Manager, CAIR-WA
Yazmin Medhi, Outreach Director, Office of US Representative Pramila Jayapal
Nina Moses, Stakeholder Relations Manager, US Transportation Security Administration
Irene Plenefisch, Government Affairs Director, Microsoft Corporation
Sheri Sawyer, Senior Policy Advisor, Office of Washington State Governor Jay Inslee
Victoria Sipe, Director Shore Operations, Holland America Group
Rich Stolz, Executive Director, One America
Elizabeth Tauben, Manager Port Guest Services & Clearance, Norwegian Cruise Line Holdings
Jennifer Thibodeau, Public Policy Manager - Western States, Amazon Web Services
Jevin West, Director, Center for an Informed Public, University of Washington

18

Biometric Air Exit
Use of biometrics, specifically facial recognition technology, to verify the identity of
departing international air passengers using US Customs & Border Protection's
(CBP) Traveler Verification System (TVS).
First use case reviewed
Policy recommendations were reviewed by the Biometrics Special Committee on
Feb 18, 2020
Policy recommendations were approved by the Commission on Mar 10, 2020
Executive Policy developed EX-23 on Apr 3, 2020
Review by the External Advisory Group was expedited due to Commission Action
in March. Some stakeholders felt they did not have enough time to fully vet the
recommendations

19

Biometric Air Exit Communications Plan



20

Biometric Air Exit Signage

VS.


21