Erie County legislators introduce biometric tech protections

Wegmans this week said it has deployed cameras equipped with facial recognition technology at select stores. Wegmans says some stores are using the technology to help with misconduct and retail theft, and that it doesn’t collect other biometric data and disposes of the images and video after security purposes are fulfilled.

But some legislators in Western New York aren’t on board.

“We all have computers in our pockets, but, you know, we’re used to a situation where we can click ‘allow’ or click to opt in to something. Where when you’re just walking in a store that they’re recording surveillance footage, you don’t necessarily think that they’re scanning your eyes,” said Lindsay Lorigo, Erie County Republican legislator.

Lorigo and Democratic legislator Lawrence Dupre have now both proposed legislation to make any retailer using the technology more transparent.

“What this law would do would require any commercial business that is using that biometric data to just post a sign outside of their facility saying, ‘we are collecting this data just so that consumers are aware,’ because I think a lot of people were surprised that this was happening without their knowledge,” said Lorigo.

“This to me is a transparency and consumer protection law,” said Dupre. “It’s a situation where consumers should know if someone is taking your biometric data and they also should not be able to monetize that same data.”

While Dupre is against retailers being able to monetize off the information, Lorigo is not, but both sides of the aisle agree that this is a bipartisan issue.

“I feel like both sides understand that we’re not trying to — we’re not anti-business. We’re not trying to stop anything. We just want to make sure that consumers know what they’re getting into,” Dupre said.

However, Erie County Executive Mark Poloncarz feels that it’s about more than just transparency.

“If somebody gets your credit card and they use it, there are laws to protect you. So you don’t have to pay for whatever the amount of was from the theft. If somebody steals your face, and they use it through AI or other purposes, it can be done for nefarious purposes,” Poloncarz said.

He stresses that biometric identifier technology could create problems like fraud if the information were to fall into the wrong hands.

“I think this is totally inappropriate for a business that is open to the public, to be storing and keeping information, because if they have it, it can be stolen,” said Poloncarz.

While the legislative goals are slightly different, county officials agree that something must be done.

“I think it gets to a line that we’re all uncomfortable with, so we don’t have to deal with that. That’s what this law is for, to address it before we get there,” said Dupre.