New York City, New York — The use of facial recognition and other biometric technologies is quietly expanding across New York City retail stores, raising growing concerns that regulation has failed to keep pace with rapidly advancing surveillance tools.
While recent attention focused on Wegmans’ deployment of facial recognition, reporting shows the grocery chain is far from alone. Retailers across the city, including major brands such as Macy’s, Fairway, and Amazon-owned Whole Foods, have acknowledged using biometric technologies for security or payment systems, while many others declined to disclose their practices. Experts say the lack of transparency and limited enforcement mechanisms leave consumers largely in the dark.
Under a 2021 New York City law, businesses collecting biometric data must post signage and are prohibited from selling or profiting from that data. However, the city lacks direct enforcement authority, leaving compliance dependent on consumer lawsuits. Shoppers interviewed across multiple neighborhoods said they were unaware facial recognition was being used in stores they frequent, even when signs were posted.
Privacy advocates warn biometric data carries risks far beyond traditional data breaches. Unlike credit cards or passwords, facial data cannot be replaced if compromised. Critics also point to evidence that facial recognition systems can misidentify individuals, particularly people of color, potentially leading to wrongful confrontations or law enforcement referrals.
Retailers argue the technology helps deter theft and protect employees, though some experts say traditional video surveillance can achieve similar results without continuous biometric tracking. With no comprehensive federal privacy law, lawmakers in New York are now considering proposals to further restrict or regulate the use of facial recognition in retail spaces.
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