Stadiums Should Weigh Privacy Risks Before Deploying FRT, Lawyers Say
Facial recognition technology (FRT) deployment in stadiums can facilitate safety and security, though its use raises privacy and cybersecurity concerns, said Orrick lawyers in a Monday blog post.
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In addition to helping shorten security lines and processing mobile orders, the technology can help large venues enable "the rapid identification and tracking of individuals suspected of committing offenses,” the blog said.
But companies collecting large amounts of personal data become targets for threat actors, it added. Additionally, “unlawful discrimination and harassment” has stemmed from FRT use, and companies could conduct “undisclosed surveillance” or use the “technology unfairly.”
Similarly, privacy advocates have noted the growing use of FRT and have raised concerns about associated privacy risks (see 2510100041).
For stadiums considering implementing the tech, the lawyers recommended several steps to take beforehand -- such as having a comprehensive cybersecurity program, developing staff training programs, creating a data deletion policy and creating consent procedures when required by law -- to safeguard the sensitive data that will be collected.
The blog notes that different states or local jurisdictions have laws covering biometrics and facial recognition technology. Texas, Washington and Illinois, for example, have biometric privacy laws, and Colorado and California’s privacy laws address biometric collection and processing.
Despite this, some consumer advocates have compared FRT regulation to the "Wild West" (see 2510210009).
Regulators have been active in this space, the lawyers said, including the FTC. In 2023, for example, the FTC announced a settlement with Rite Aid after the retailer used facial recognition to identify shoplifters without proper notice to customers (see 2312190090). Consumers have also filed class-action lawsuits asserting their privacy rights.