New York
\n \u00a0\u2014\u00a0<\/p>\n
\n The biggest chains in America are using facial recognition technology to try to stop shoplifting. But most customers are unaware their faces are being scanned while they shop.\n <\/p>\n
\n Facial recognition isn\u2019t new \u2014 it\u2019s been controversially used for over a decade. Despite widespread disdain for the technology\u2019s use in the United States (it\u2019s more common at UK stores), its adoption continues to grow in American stores with few rules and uncertain results.\n <\/p>\n
\n One constant: When people get wind of it, they revolt.\n <\/p>\n
\n Look no further than the uproar this week over Wegmans, the supermarket chain know n for its cult-like following. The company angered some shoppers by <\/strong>revealing it uses facial recognition technology at New York City stores.\n <\/p>\n \n New York City is one of the few places in the country that requires<\/a>\u202fcommercial establishments to disclose if they collect or retain biometric information on customers. The city\u2019s law, enacted in 2021, also prohibits businesses from selling or sharing the biometric information they collect. New York State lawmakers have proposed banning businesses from using facial recognition, but legislation<\/a> has stalled.\n <\/p>\n \n To comply with New York City\u2019s law, Wegmans recently posted signs near the entrances of its stores in Manhattan and Brooklyn notifying customers that they may have data on their face, eyes and voices collected and stored. \u201cWe use facial recognition technology to protect the safety and security of our patrons and employees,\u201d the signs said.\n <\/p>\n \n The signs, first\u202freported<\/a>\u202fby the news website Gothamist, generated enough attention from media and customers to cause the notoriously media-shy Wegmans to issue a rare public statement<\/a>.\n <\/p>\n \n \u201cIn a small fraction of our stores located in communities that exhibit an elevated risk, we have deployed cameras equipped with facial recognition technology,\u201d Wegmans said Wednesday.\n <\/p>\n \n Wegmans said the tech identifies people previously flagged for \u201cmisconduct\u201d and is used only for security.\n <\/p>\n \n New York City is an exception, however, to policies in most of the United States.\n <\/p>\n \n There is a lack of oversight, transparency and bias with facial recognition technology, said Jeramie Scott, senior counsel at the Electronic Privacy Information Center.\n <\/p>\n \n Without federal, state or local regulations to protect civil liberties, the powerful technology can be abused, he said.\n <\/p>\n \n \u201cA lot of the facial recognition technology is happening without our knowledge,\u201d he said. \u201cWe haven\u2019t clearly addressed how we\u2019re going to handle the use of biometrics, particularly the use of facial recognition. The law hasn\u2019t caught up.\u201d\n <\/p>\n Rite Aid and Madison Square Garden<\/p>\n \n Police departments and law enforcement have used<\/a> facial recognition technology for more than a decade. But it has spread to stores and entertainment venues over the past few years.\n <\/p>\n \n Retailers typically have watchlists of people that have been suspected of or caught shoplifting, and facial recognition software generates alerts to employees that someone off a list has entered a store.\n <\/p>\n \n Wegmans is just one of many big US retailers that now use\u202ffacial recognition technology<\/a>, often without customers\u2019 direct knowledge. Walmart, Kroger and Home Depot rely on it, according to their privacy policies, to name a few.\n <\/p>\n \n \u201cBiometric surveillance has grown more sophisticated and pervasive, posing new threats to privacy and civil rights,\u201d the Federal Trade Commission\u202fsaid<\/a>\u202fin 2023.\n <\/p>\n \n The federal government and vast majority of states don\u2019t regulate biometric information, making it difficult to identify private companies that use it for things like facial scans on people entering stores.\n <\/p>\n \n However, the technology has been misused, even generating false identifications and wrongful arrests.<\/a>\n <\/p>\n \n Rite Aid in 2023\u202fagreed<\/a>\u202fto a five-year ban from using facial recognition technology after the Federal Trade Commission found that the chain falsely accused customers of crimes and unfairly targeted people of color.\n <\/p>\n \n \u201cRite Aid\u2019s failures caused and were likely to cause substantial injury to consumers, and especially to Black, Asian, Latino, and women consumers,\u201d the FTC said.\n <\/p>\n \n It\u2019s also been used to block people from attending sporting events and concerts in New York City.\n <\/p>\n \n MSG Entertainment, the owner of Madison Square Garden and Radio City Music Hall, has used\u202ffacial recognition<\/a>\u202fto enforce an \u201cattorney exclusion list\u201d of lawyers who represent people it and keep them away from games and concerts.\n <\/p>\n