Your every move is watched by facial recognition at some N.J. stores. Don’t they have to tell you?

Jim Smith anticipates a quick grocery trip. Anita and he bought flowers for their new neighbors at Sussex ShopRite. Jim wondered why he was singled out when a loss-prevention staffer approached him in an angry and strange manner seconds later.

Several New Jersey establishments covertly use face recognition technology to monitor customers, raising concerns. These gadgets compare shoppers’ faces to internal shoplifter databases as they enter and notify staff.

Not only is the technology alarming, but many consumers were unaware they were being scanned. Some say they were wrongly marked as suspicious, creating unpleasant interactions, while others say the lack of explicit notice infringes their privacy.

Some New Jersey lawmakers noticed. Multiple measures limit or control how shops use biometrics like facial recognition. A key notion prohibits customer biometric surveillance unless necessary for safety or security. Other bills would require businesses to put clear signs at every entrance informing customers whether facial scans are being taken.

Customers should be told when their faces are collected and analyzed, say proponents. They say unauthorised surveillance is risky and misidentification is unacceptable. Retailers believe the technology lowers theft and protects employees and customers.

Shoppers like Jim Smith see beyond technology. Fairness and trust important. Don’t give over biometric data when entering a store. Stores using facial recognition should notify customers clearly, not with unclear rules or disclaimers.

New Jersey is at the center of a national public space privacy controversy as lawmakers consider these proposals. The merchant may be watching you browse, and many customers want to know.

Sources
Information on New Jersey biometric and facial recognition laws.
Facial recognition and customer complaints at New Jersey supermarkets.