Wegmans uses facial recognition on customers without disclosure
Wegmans confirmed it uses facial recognition technology in certain stores to identify customers against watch lists, including both internal shoplifter lists and law enforcement requests, without systematically disclosing this practice to customers. The ACLU raised concerns about the technology's unreliability and bias against people of color, while Erie County legislators proposed disclosure requirements in response.
What happened
Wegmans has deployed facial recognition technology in some of its stores to scan customer faces against watch lists. The company confirmed it uses the system at what it calls 'elevated risk' stores to identify 'persons of interest' determined by its asset protection team based on incidents on its property, and also on a case-by-case basis by information from law enforcement.
The facial recognition system scans customers' faces for resemblance not only to accused shoplifters but also to people whose photos have been submitted to the company by law enforcement, including 'BOLO' (Be On the Look Out for) alerts.
Reported impact
Wegmans has not disclosed which store locations use the technology or what criteria define 'elevated risk' stores. Customers are not systematically notified that their faces are being scanned, though Wegmans has posted signs in its New York City locations following local legal requirements.
The ACLU has raised concerns that facial recognition technology is unreliable and disproportionately imprecise in evaluating faces of Black people, with at least 10 publicly reported cases of people, nearly all Black, suffering false arrests based on face recognition errors.
Index analysis
The incorporation of law enforcement BOLO alerts by Wegmans could form part of a nationwide government surveillance dragnet if enough companies deploy facial recognition technology in enough stores. This raises questions about whether the system could be used for immigration enforcement during the current administration.
Face recognition technology lacks broad public acceptance and legitimacy, especially when deployed on people without consent rather than for personal use.
Governance controls
Wegmans declined to specify which store locations use facial recognition or what makes them higher risk. The company did not establish uniform disclosure practices, instead posting signs only in New York City stores where required by local law.
Erie County legislators Lawrence Dupre and Lindsay Lorigo proposed bipartisan legislation requiring entities to post clear warning signs at entrances when collecting biometric data, and preventing businesses from selling, sharing or profiting from that data.
Classification
Sources and evidence
This record was researched and written by the Index, based on the following original reporting.