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AII-1000-99631
ConfirmedA court, a regulator or the organization itself has stated the core facts, or the record cites a court or regulator source.

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.

20 January 2026 Β· Wegmans Β· Privacy and surveillance
20 January 2026
AII-1000-996312 sources ↓
Quick facts
Category
Privacy and surveillance
Country
United States
Source
American Civil Liberties Union
Date
20 January 2026
Drafted by
Raidu Incident Detection

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

Category
Privacy and surveillance
Industry
Consumer services
Country
United States
Harm status
Potential harm
Intent
Unintentional
Timing
Post-deployment
Harm types
Human or fundamental rights
Harmed
Consumers
Failure modes
Misidentification
Consequences
Legislative action
AI systems
Facial recognition system
Regulations
GDPR (cited)

Sources and evidence

This record was researched and written by the Index, based on the following original reporting.

American Civil Liberties Union
Retailers Secretively Using Face Recognition to Spot "Persons of Interest" -- Including For the Government | ACLU
20 January 2026
WKBW 7 News Buffalo
Erie County legislators propose law to protect consumers from biometric data collection
22 January 2026