Monroe County Considers Biometric Privacy Law as Debate Over Facial Recognition Grows

Wegmans Food Markets acknowledged it uses facial recognition technology in a limited number of stores to improve safety and deter organized retail theft. The disclosure renewed questions about how businesses collect, store and use biometric information. (Photo: Wegmans PR Dept)

Monroe County lawmakers are considering legislation that would require businesses to notify customers when facial recognition technology is being used, adding the county to a growing movement across New York aimed at regulating the collection and use of biometric data.

The proposal, sponsored by Democratic County Legislators Rachel Barnhart, Ricky Frazier, John Baynes, Nazish Jeffery and Linda Hasman, would require businesses such as grocery stores, banks and restaurants to clearly disclose when they use facial recognition or other biometric technology to identify customers.

The legislation would also prohibit businesses from selling or transferring biometric data and require any collected information to be permanently destroyed within two years. It would not prohibit businesses from using facial recognition technology but would establish new transparency and data retention requirements.

Supporters say the measure is intended to give consumers greater control over their personal information as facial recognition systems become increasingly common in the private sector.

"Biometric data is fundamentally different from traditional video surveillance because it creates a unique mathematical template of a person's face that can be stored indefinitely," Barnhart told WXXI News. Unlike passwords or credit card numbers, she noted, biometric identifiers cannot simply be changed if they are compromised.

The proposal follows public attention earlier this year after Wegmans Food Markets acknowledged it uses facial recognition technology in a limited number of stores identified as having elevated security risks. While the company has said the technology is intended to improve safety and deter organized retail theft, the disclosure renewed questions about how businesses collect, store and use biometric information.

Biometric identifiers can include facial features, fingerprints, iris and retina scans, voiceprints and other physical characteristics unique to an individual.

Part of a Broader Statewide Trend

Monroe County's proposal comes as other New York communities move to regulate biometric surveillance.

In May, the Syracuse Common Council unanimously approved legislation prohibiting businesses open to the public from using biometric surveillance technologies, including facial recognition systems. The ordinance bans businesses from identifying customers through facial scans, fingerprints, iris or retina scans, voiceprints, gait recognition or DNA analysis.

Supporters of the Syracuse measure argued that government should act before the technology becomes widespread rather than after privacy concerns become entrenched.

Syracuse Common Councilor Corey Williams cited studies showing that some facial recognition systems have produced higher error rates when identifying people of color, women, children, older adults and members of the LGBTQ+ community.

"The misidentification of these individuals opens them up to greater levels of harm," Williams said during debate on the ordinance.

Privacy advocates, including the New York Civil Liberties Union, supported the Syracuse legislation, arguing that biometric surveillance raises significant civil liberties concerns and can disproportionately affect historically marginalized communities.

Earlier this year, Erie County also adopted one of New York's most comprehensive commercial biometric privacy laws, restricting how businesses may collect, retain and share biometric information.

Balancing Privacy and Public Safety

Not everyone supports Monroe County's proposal.

Republican Minority Leader Sean McCabe has expressed concern that additional regulations could hinder retailers' ability to combat organized shoplifting, fraud and repeat theft. He argues that facial recognition technology can serve as an effective tool for identifying repeat offenders and enhancing public safety.

Supporters counter that traditional security cameras merely record images, while facial recognition software creates permanent digital identifiers that can be stored, analyzed and potentially shared with third parties.

They argue that consumers deserve to know when businesses are collecting biometric information and should have assurances that the data will not be retained indefinitely or sold without their knowledge.

Looking Ahead

As facial recognition technology becomes more common in retail stores, financial institutions and other commercial settings, lawmakers across the country continue to wrestle with how to balance technological innovation, public safety and individual privacy.

If approved, Monroe County would join a growing number of New York jurisdictions establishing local rules governing the commercial use of biometric surveillance technology. Legislative committees are expected to review the proposal before it advances to the full Monroe County Legislature for consideration.