ERIE COUNTY, NY — Erie County Legislator Lindsay Lorigo is proposing a local law aimed at protections against collection of personal data. The Customer Biometric Privacy Act comes after Wegmans announced it has started collecting biometric information in some of its New York City stores. That collection could include retina scans, as well as facial and vocal recognition. The supermarket chain says it is using this system in just a few stores which have had higher risk of incidents and are designed to protect both employees and customers.
“While I appreciate the stated purpose for this data collection, this oversteps a person’s right to privacy. Customers should at least be made aware and be given the option whether to opt in,” said Legislator Lindsay Lorigo. “My law would give shoppers that ability.”
Wegmans alerts shoppers by posting signs where biometric data collection is happening. Commercial establishments are increasingly adopting this technology that includes identifying fingerprints, facial geometry, voiceprints, and other distinctive identifiers.
“If an establishment is utilizing this biometric technology, then those businesses must post clear and conspicuous signage at all public entrances notifying those customers that this technology is in use. In addition, those businesses cannot sell, lease, trade, or exchange any of this information collected from customers or profit from any transaction involving this information,” said Legislator Lorigo.
The law would also require commercial establishments to implement security measures protecting such information from unauthorized access, acquisition or disclosure. This law would not apply to information collected for employment purposes, and images or video shall not be shared with, sold, or leased to third parties other than law enforcement agencies. The Erie County Division of Consumer Protection would be responsible for enforcing this law. Penalties include a written warning for a first violation, a civil penalty of up to one-thousand dollars for a second violation, with fines of up to five-thousand dollars for subsequent violations.
“We want to keep people and businesses safe, but at the same time they are entitled to certain privacies. This law does that,” said Legislator Lorigo, who added that the local law would take effect 90 days after its filing with the Office of Secretary of State.
