A new law has been proposed in New York state as Wegmans collects customers’ biometric data in some stores.
New York State Sen. Rachel May, D-Syracuse, introduced a bill last year prohibiting the use of biometric surveillance system or biometric surveillance information in places of public accommodation, such as grocery stores.
Wegmans posted signs recently at some New York City locations notifying shoppers that it “collects, retains, converts stores or shares customers’ biometric identifier information which may include: facial recognition, eye scans or voice prints.” The company has not said if it is using the same technology in Syracuse stores or other locations, but spokesperson Tracy Van Auker confirmed Wegmans is using cameras equipped with facial recognition software in a “small fraction of stores that exhibit an elevated risk.”
The Rochester-based supermarket chain is using the data to protect shoppers and employees by identifying “individuals who have been previously flagged for misconduct,” Van Auker said. The data is stored for “as long as necessary for security reasons” before it is disposed of and is not shared with any third parties, she added.
According to Patch.com, other supermarket chains and retail stores have also been using similar technology, including Walmart and Target. Privacy advocates told The Gothamist that they fear it makes people vulnerable to hacking, identity theft and ICE immigration enforcement.
May said her proposed amendment to the current civil rights law would “safeguard biometric information, the measurable physiological, biological, or behavioral characteristics that are attributable to an individual New Yorker, from surveillance.” A similar bill has been introduced in the New York State Assembly.
A related law has been proposed in Western New York, according to WIVB. Erie County Legislator Lindsay Lorigo announced the Customer Biometric Privacy Act on Wednesday, which would require signage alerting all local shoppers of biometric data collection and prohibiting businesses from selling the data to third parties.
“This proposal isn’t about stopping technology — it’s about transparency,” origo told the Buffalo TV station. “Every day we choose to opt in when we share personal information through our phones or apps. When biometric data is being collected in a store, customers should have that same awareness.”
The signs in NYC stores were posted in accordance with a local ordinance, according to Patch. Legislation banning the use of facial recognition was introduced in the City Council in 2023, but never moved forward.
If adopted, Lorigo’s law would take effect in Erie County 90 days after filing.
May’s statewide bill is currently listed as being in committee. It was referred to the state senate’s Investigations and Government Operations Committee in May 2025.