Grocery chain Wegmans came under fire earlier this month after signage at its New York City stores revealed it was collecting biometric data on shoppers.
But the Rochester, N.Y.-based supermarket chain won’t say whether it’s collecting biometric data on shoppers at eight Philly-area stores. There are Wegmans stores in Cherry Hill and Mount Laurel in New Jersey and in Glen Mills, Malvern, King of Prussia, Collegeville, Warrington, and North Wales in Pennsylvania.
Patrons at some New York City Wegmans locations learned earlier this month that the supermarket chain had begun to collect, retain, store, and share data on their faces, eyes, and voices. The information, Wegmans said, was being used for “safety purposes.”
“This is information that can be used to identify or help identify you,” a sign posted at Wegmans in New York City said, according to reporting from the online news site Gothamist. “We use facial recognition technology to protect the safety and security of our patrons and employees, and do not lease, trade or otherwise profit from the transfer of biometric identifier information.”
Wegmans does not “get into the specific measures used at each store” for “safety and security purposes,” Wegmans spokesperson Marcie Rivera said in an email.
Rivera said Wegmans has deployed cameras equipped with facial recognition technology in “a small fraction of our stores that exhibit an elevated risk.” Wegmans is using the technology in a “handful of states.” It posted mandated signage in New York City to comply with local regulations, Rivera said.
Wegmans has previously said that the surveillance software is used to help identify individuals who “pose a risk to our people, customers, or operation.”
Biometric surveillance is becoming increasingly common but is not yet widespread, said Gus Hurwitz, senior fellow and academic director of the Center for Technology, Innovation and Competition at Penn’s Carey Law School.
Companies that use biometric surveillance do so for a number of reasons, but seldom tell consumers what their data is being collected for. Data collection can help companies understand what consumers are purchasing and how they’re moving through stores, Hurwitz said. Biometric data collection can also be used for dynamic pricing, when retailers change prices in real-time depending on a number of factors, including time of day, demand, weather, and consumer behavior.
Hurwitz said it’s important to distinguish between real-time and non-real-time biometric screening. Non-real-time screening has been happening for decades in the form of security cameras and other data collection tools, often used for market research purposes.
Real-time screening, however, is a newer frontier with a far murkier regulatory landscape.
Businesses in New York City that collect biometric data are required to post signage notifying customers, per a 2021 city law, however the agency in charge of implementing the law has no enforcement mechanism for noncompliant businesses, a city official told Gothamist.
A bipartisan bill regulating biometric data collection is currently moving through the Pennsylvania legislature. A recently introduced bill in the New Jersey Legislature would require any entity collecting biometric information to post a “clear and conspicuous notice” at every entryway to their business, like in New York City.
Hurwitz said we’re “still very much in the development era of these sorts of technologies,” and that he expects more and more government entities to hone in on regulating them in the near future.
