Buffalo, N.Y. (WBEN) - After learning Wegmans announced it was informing customers it was collecting biometric data, leaders in Erie County are calling for laws to prevent how the data is used.
Erie County Executive Mark Poloncarz says it's disheartening to learn retailers are using facial recognition and other biometric data to create a database of their customers and other individuals.
"It's not as if your credit card got broken into and they tried to steal from your credit card," said Poloncarz in an interview with WBEN. "If this got compromised with the AI technology that exists today, people could do many nefarious things just with somebody's face. So I believe it is imperative that we as a county pass a law that bars any organization, retail or establishment that opens itself to the public from first off compiling this data, facial recognition, other types of biometric data, and then storing it. I'm very worried about the long term potential ramifications of that and the impact it could have on individuals."
Poloncarz is calling for a law to address biometric data by businesses.
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Erie County Legislator Lindsay Lorigo is proposing a local law that would require businesses collecting biometric data from customers to clearly disclose that practice through posted signage, ensuring consumers are aware when this technology is in use.
The proposed Customer Biometric Privacy Act comes amid growing use of biometric technologies by commercial establishments, including tools such as facial recognition, voice recognition, and other unique identifiers intended to enhance safety and security.
"This proposal isn’t about stopping technology — it’s about transparency," Lorigo said. "Every day we choose to opt in when we share personal information through our phones or apps. When biometric data is being collected in a store, customers should have that same
awareness."
Under the proposed law, any business collecting biometric information would be required to post clear and conspicuous signage at all public entrances, notifying customers that the technology is in use. The legislation would also prohibit businesses from selling, leasing, trading, or otherwise profiting from customers’ biometric data.
"If a business is collecting biometric data, customers deserve to know," he said. "This proposal is about transparency and giving people basic awareness when their personal information is being captured."
The proposal would also require reasonable security measures to protect biometric information from unauthorized access or disclosure. The law would not apply to biometric data collected for employment purposes or by financial institutions. Images or video could not be sold or shared with third parties, except for lawful purposes involving law enforcement.
The Erie County Division of Consumer Protection would be responsible for enforcement.