Wegmans Food Markets sparked privacy concerns in early January when signs at its New York City stores revealed the grocery chain uses facial recognition technology. The signs, posted at Wegmans locations in Manhattan and Brooklyn, state that the company collects, retains, converts, stores, or shares customers’ biometric identifier information, which may include facial recognition, eye scans, and voiceprints. Wegmans has now confirmed it uses facial recognition cameras in a small fraction of stores that exhibit an elevated risk to help identify individuals who pose a risk to people, customers, or operations.
The disclosure highlights the expanding but often undisclosed use of facial recognition technology in retail settings and underscores the importance of local biometric privacy regulations. New York City is one of the few jurisdictions in the U.S. that requires commercial establishments to disclose if they collect or retain biometric information on customers. The city’s 2021 law also prohibits businesses from selling or sharing the biometric information they collect. Retail deployments have also drawn scrutiny elsewhere, including ShopRite’s use in Connecticut as lawmakers weigh restrictions.
Wegmans stated it uses facial recognition technology to help identify individuals who pose a risk in stores exhibiting elevated risk. The system collects facial recognition data only for individuals previously flagged for misconduct. However, the company has not publicly disclosed data retention policies, storage and security measures, or whether customer consent is obtained.
Wegmans joins Walmart, Kroger, Home Depot, CVS, Target, and Macy’s in using facial recognition technology. Many retailers deploy the technology without customers’ direct knowledge in jurisdictions lacking disclosure laws. Rite Aid agreed to a five-year ban from using facial recognition in 2023 after the FTC found it falsely accused customers of crimes and unfairly targeted people of color.
The New York City law enacted in 2021 requires disclosure of biometric data collection and prohibits businesses from selling or sharing collected biometric information. Customers may be unaware of data collection in jurisdictions without disclosure laws. Privacy implications extend beyond the immediate collection, as data retention policies and security measures remain largely undisclosed across the retail industry.
The Wegmans disclosure arrives as retailers face increasing pressure to balance security objectives with customer privacy expectations. The deployment of facial recognition at select high-risk locations rather than systemwide suggests retailers are calibrating surveillance intensity to perceived threat levels, though the criteria for determining elevated risk remain unclear.
Sources: CNN, Grocery Dive, Wegmans
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By Ji-seo Kim
