Assuming you're not being facetious, the optional "have your facial scan data uploaded to dubious parties" choice is not presented as optional, and implied consent is the default for all fliers.
This would be similar to an "opt-out" instead of "opt-in" checkbox on a "let us harvest your data" disclaimer, except that the checkbox is at 0% opacity so you don't know it's there.
Not to mention that you usually don't know about it until you get there, so you don't have time to look up anything about it to see whether you can avoid it. I read about it after buying my last ticket and learned about the passport thing, but that was because I'm interested in what the TSA does and follow security and privacy blogs.
This would be similar to an "opt-out" instead of "opt-in" checkbox on a "let us harvest your data" disclaimer, except that the checkbox is at 0% opacity so you don't know it's there.