Walking into a Wegmans store, customers may be unaware that their faces could be scanned and entered into a security system, according to the Rochester-based supermarket chain.
The company confirmed it is using facial recognition technology at what it calls "elevated risk" stores — but it won’t specify which locations qualify or what makes them higher risk.
WATCH: Wegmans facial recognition sparks privacy concerns in New York
In New York City, signs posted at store entrances inform shoppers that their biometric data may be collected, but outside the city, there are no similar disclosure laws.
"We don’t have those laws where I live," said Monroe County Legislator Rachel Barnhart.
"I’m assuming most places in the state where Wegmans operates do not have disclosure laws where they have to post on the doors what they’re doing in terms of collecting biometric data," she added.
In a statement to the Scripps News Group station in Buffalo, Wegmans said the technology is only one investigative tool and that decisions are never made using facial recognition alone. A spokesperson said that the system scans faces and compares them to images of people previously flagged for misconduct.
The company said it does not collect eye scans or voice prints, does not share data with third parties, and keeps images only as long as necessary for security, though it does not provide an exact retention period.
Former FBI agent and security company CEO Holly Hubert said facial recognition is a common security tool.
"It is good to hold organizations to debate what exactly are you collecting and what is it used for," Hubert said. "It’s not retina data — it’s facial data — and I think in this case, it’s used for safety purposes."
"When a company is storing your biometric data, when there’s a security breach, you can change your password and fix it. Your biological data is your data — you can’t change it," Barnhart said.
The company’s competitors are taking note. Tops, another regional grocery chain, told the Scripps News Group in Buffalo it does not collect biometric data and said Wegmans’ use of facial recognition is not industry standard.
As facial recognition technology becomes more common in retail, lawmakers and privacy experts say transparency is key. Advocates are pushing for broader disclosure rules so customers know when and where their biometric data is being collected.
"I absolutely think this was so alarming that we should be thinking about disclosure requirements, and not just for Wegmans but all retailers and places of public accommodation engaging in this activity," Barnhart said.
