April 30, 2016

Zawistowski Rallies Bipartisan Support on Facial Recognition Marketing Concerns

This article was archived from the previous WordPress site. Formatting and media should be close, but may not match the original post perfectly.

HARTFORD—Retailers in Connecticut who use facial recognition software to track the habits of unknowing shoppers should have to tell their customers they’re doing it, state Rep. Tami Zawistowski said.

Earlier this year, Zawistowski encouraged two legislative committees to take a look at the issue and late Friday members of the House of Representatives passed a bill (H.B. 5236) that would require retailers using facial recognition for marketing purposes to post a sign to let shoppers know.

“Our movements are being tracked with increasing frequency in all areas of life, and that this technology has gotten cheaper and easier to use means more and more retailers will deploy it,” said Zawistowski, who serves Suffield, East Granby and Windsor. “They could record who you, your children, or your grandchildren are talking to in an aisle—and the way things stand right now, you’d never know it.”

The use of facial recognition software sees retailers track how their customers move through a store, how much time they spend there, and what kind of mood they’re in at different times of day. Typically, the software—known generically as biometrics—performs measurements on faces, and that information about shoppers can be stored in databases. Nationwide, its use has seen privacy and civil liberties advocates push a conversation that’s gained significant attention among people leery of Big Data-style intrusion. Zawistowski’s proposal received bipartisan support Friday.

“This use of this technology has expanded far beyond security,” said Zawistowski, who explained the signage requirement would not apply to retailers who use the software solely for security and loss prevention. “People can be misidentified, and then one shopper’s habits are tied to the wrong person. Who knows what becomes of that biometric data? What’s the impact of the store selling that incorrect data? Or what if it’s subject of a breach because it isn’t stored securely? There’s reason for concern.”

The legislation was previously approved by the legislature’s General Law Committee.

It awaits action in the State Senate before the legislative session at midnight Wednesday.