Earlier quoted context omitted.
Legal action against this is going to be a tough, possibly unfeasable battle. Whatever the laws are, they probably contain exceptions for the use of biometrics for law enforcement purposes. In terms of court precedent, biometrics are not protected by the 4th amendment, because your face is not considered a secret that the government could compel you to reveal.
Question for a future (2026?) dystopia: if our faces aren't secret or private for 4A/5A purposes, can we start making them secret/private by walking around in public with a balaclava? New norms go both ways.
Luckily we have libertarians, 1990s Republicans, and Hannity and Infowars fans that will fight vehemently to stop this sort of face scanning. It is all of theirs' nightmare scenarios way past all their red lines up there with Walmarts turned into relocation camps.
But until they sort it out is it possible to make temporary tattoos (or just stickers) with patterns that make facial scanning unfeasible?