Facial Recognition in Rite Aid: A Harassment Enabler? – Says FTC

Facial Recognition in Rite Aid: A Harassment Enabler? – Says FTC

Facial Recognition in Rite Aid: A Harassment Enabler? – Says FTC Facial recognition technology (FRT) is a powerful tool that can identify people from images or videos. It has many potential applications in various fields and sectors, such as security, law enforcement, banking, health care, education, entertainment, and more. However, FRT also poses significant challenges

Facial Recognition in Rite Aid: A Harassment Enabler? – Says FTC

Facial recognition technology (FRT) is a powerful tool that can identify people from images or videos. It has many potential applications in various fields and sectors, such as security, law enforcement, banking, health care, education, entertainment, and more. However, FRT also poses significant challenges and risks for privacy rights and civil liberties. In this article, we will explore how FRT was used by Rite Aid — one of the largest pharmacy chains in the United States — to monitor its customers’ behavior; what are the ethical implications of FRT for consumers; tech enthusiasts; privacy advocates; how FRT affects society; what are some of the best practices for using FRT responsibly; what are some of the current laws and regulations governing FRT in different countries; what are some of the future trends and developments in FRT research.

Rite Aid

Picture by: https://insidefmcg.com.au/

How did Rite Aid use FRT?

According to Reuters’ investigation into FRT deployment by retailers, Rite Aid installed FRT cameras in hundreds of its stores across 75 locations in New York City and Los Angeles metropolitan areas between 2012 and 2020. The cameras were connected to DeepCam —a company with links to China’s state investment funds and its authoritarian government—via an app that allowed store employees to access live video feeds of customers entering or exiting the stores.

The purpose of using FRT was to deter theft and protect staff and customers from violence. When a customer entered a store, their image was logged in a database. On return visits, the software added new images to existing customer profiles. It then ran those images against a list of “people Rite Aid previously observed engaging in potential criminal activity.” When the software made a match, store security employees received a smartphone push notification.

Rite Aid claimed that it had nothing to do with race and that it used FRT only when necessary. It also said that it did not share customer data with third parties, such as law enforcement agencies, without obtaining consent. However, Reuters found evidence that Rite Aid’s data was sent to China, where DeepCam operates under Chinese laws that allow mass surveillance and data collection.

What are the ethical implications of FRT?

FRT raises serious ethical questions about privacy rights and civil liberties. Some of these questions are:

Who owns the data collected by FRT? Is it owned by Rite Aid, DeepCam, or both? Can customers access their own data? Can they delete their data? Can they opt out of being tracked? How long is their data stored? How is their data protected from unauthorized access, use, or disclosure?

How accurate is FRT?

One of the major concerns about FRT is its accuracy. FRT relies on algorithms that compare facial features and measure distances between them. However, these algorithms are not perfect and can make mistakes. For example, they can fail to recognize faces that are partially obscured, have different expressions, or wear accessories. They can also confuse faces that look similar, such as twins or relatives.

Rite Aid

Picture by: https://dealmama.com/

Moreover, FRT can be biased against certain groups of people, especially women and people of color. This is because FRT algorithms are trained on datasets that are not representative of the diversity of the human population. For instance, a study by MIT and Stanford researchers found that three commercial FRT systems had error rates of 0.8% for light-skinned males, but 34.7% for dark-skinned females. Another study by the National Institute of Standards and Technology (NIST) found that many FRT algorithms had higher false positive rates for Asian and African American faces than for white faces.

These errors and biases can have serious consequences for the people affected by them. For example, they can lead to false accusations, arrests, or convictions of innocent people. They can also result in discrimination, harassment, or exclusion from certain services or opportunities. For instance, a black man in Detroit was wrongfully arrested after a FRT system matched his driver’s license photo with a surveillance image of a shoplifter. Similarly, a transgender woman in Colorado was denied access to a grocery store after a FRT system flagged her as a male.

How does FRT affect society?

FRT can also have profound impacts on society and culture. FRT can affect how people interact with each other, how they perceive themselves and others, and how they exercise their rights and freedoms. Some of the social and cultural effects of FRT are:

  • FRT can erode privacy and anonymity. FRT can enable mass surveillance and tracking of people’s movements, activities, and associations. FRT can also expose people’s personal information, such as their identity, age, gender, ethnicity, health, or emotions. FRT can make it harder for people to hide, escape, or change their identities. FRT can also make it easier for hackers, stalkers, or advertisers to target or exploit people based on their facial data.
  • FRT can alter social norms and behaviors. FRT can influence how people behave in public or private spaces, knowing that they are being watched or recorded. FRT can also affect how people communicate or express themselves, as they may try to avoid or manipulate facial recognition systems. FRT can also create new forms of social pressure or conformity, as people may try to fit in or stand out from the crowd based on their facial features.
  • FRT can challenge ethical and moral values. FRT can raise ethical dilemmas and moral questions about the use and abuse of FRT. For example, is it ethical to use FRT for security or convenience purposes, even if it infringes on people’s privacy or autonomy? Is it moral to use FRT for entertainment or social media purposes, even if it manipulates or deceives people’s emotions or identities? Is it fair to use FRT for decision-making or judgment purposes, even if it discriminates or harms people’s rights or opportunities?
FTC

Picture by: https://commons.wikimedia.org/

What are some of the best practices for using FRT responsibly?

FRT is a powerful and complex technology that can have both positive and negative effects on individuals and society. Therefore, it is important to use FRT responsibly and ethically, with respect for human dignity and diversity. Some of the best practices for using FRT responsibly are:

  • Obtain consent and inform users. FRT users should obtain consent from the people whose faces are captured, processed, or stored by FRT systems. FRT users should also inform users about the purpose, scope, and duration of FRT use, as well as the risks and benefits of FRT use. FRT users should also provide users with the option to opt out or delete their facial data at any time.
  • Ensure accuracy and fairness. FRT users should ensure that FRT systems are accurate and reliable, and that they do not produce false or misleading results. FRT users should also ensure that FRT systems are fair and unbiased, and that they do not discriminate or harm any group of people based on their facial features. FRT users should also test and audit FRT systems regularly, and correct any errors or biases that are detected.
  • Protect privacy and security. FRT users should protect the privacy and security of the facial data that they collect, store, or share. FRT users should use encryption, anonymization, or deletion techniques to safeguard facial data from unauthorized access, use, or disclosure. FRT users should also comply with the relevant laws and regulations governing the collection, storage, or sharing of facial data.
  • Respect human rights and values. FRT users should respect the human rights and values of the people whose faces are recognized by FRT systems. FRT users should not use FRT for purposes that violate human dignity, autonomy, or freedom. FRT users should also not use FRT for purposes that manipulate, deceive, or coerce people’s emotions, identities, or choices. FRT users should also consider the social and cultural implications of FRT use, and avoid using FRT for purposes that undermine social trust, cohesion, or diversity.

What are some of the current laws and regulations governing FRT in different countries?

FRT is not regulated by a uniform or comprehensive set of laws or regulations in different countries. Instead, FRT is subject to a patchwork of laws or regulations that vary by country, state, or locality. Some of the current laws and regulations governing FRT in different countries are:

  • In the United States, there is no federal law that specifically regulates FRT. However, there are some federal laws that may apply to FRT use, such as the Fourth Amendment, which protects against unreasonable searches and seizures; the Privacy Act, which regulates the collection and use of personal information by federal agencies; and the Fair Credit Reporting Act, which regulates the use of consumer reports for credit, employment, or insurance purposes. Additionally, some states and localities have enacted their own laws or regulations that ban, restrict, or regulate FRT use by public or private entities. For example, California, Illinois, New York, and Washington have laws that require consent for biometric data collection or use; San Francisco, Oakland, and Portland have laws that ban FRT use by city agencies; and Massachusetts, Maine, and Vermont have laws that limit FRT use by law enforcement agencies.
  • In the European Union, there is no specific law that regulates FRT. However, there is the General Data Protection Regulation (GDPR), which applies to the processing of personal data, including biometric data, by any entity operating in the EU. The GDPR requires consent, transparency, accountability, and data protection by design and by default for any personal data processing. The GDPR also grants data subjects the right to access, rectify, erase, restrict, or object to their personal data processing, as well as the right to data portability and the right not to be subject to automated decision-making. Moreover, the EU is considering a new regulation that would ban or limit FRT use in public spaces, except for specific purposes, such as security, health, or research.
  • In China, there is no specific law that regulates FRT. However, there are some laws and regulations that may apply to FRT use, such as the Cybersecurity Law, which requires network operators to protect personal information and obtain consent for its collection and use; the Personal Information Security Specification, which provides guidelines for personal information processing, including biometric data; and the Civil Code, which recognizes the right to privacy and the right to portrait. Additionally, China is developing a new law that would regulate FRT use and establish a national standard for FRT accuracy and quality.

What are some of the future trends and developments in FRT research?

FRT is a rapidly evolving technology that is constantly being improved and innovated by researchers and developers. Some of the future trends and developments in FRT research are:

  • Improving FRT accuracy and fairness. FRT researchers are working on developing new algorithms and methods that can enhance FRT accuracy and reduce FRT errors and biases. For example, some researchers are using deep learning, generative adversarial networks, or 3D models to improve FRT performance on faces with different poses, expressions, or occlusions. Some researchers are also using diverse and balanced datasets, adversarial training, or fairness metrics to mitigate FRT biases on faces with different genders, races, or ages.
  • Expanding FRT applications and domains. FRT researchers are exploring new applications and domains that can benefit from FRT. For example, some researchers are using FRT for health care purposes, such as diagnosing diseases, monitoring vital signs, or detecting emotions. Some researchers are also using FRT for education purposes, such as assessing student engagement, providing feedback, or personalizing learning. Some researchers are also using FRT for entertainment purposes, such as creating avatars, animating characters, or generating art.
  • Integrating FRT with other technologies and modalities. FRT researchers are integrating FRT with other technologies and modalities that can complement or augment FRT. For example, some researchers are combining FRT with voice recognition, iris recognition, or fingerprint recognition to enhance biometric authentication or identification. Some researchers are also combining FRT with natural language processing, computer vision, or affective computing to enable multimodal interaction or emotion recognition. Some researchers are also combining FRT with augmented reality, virtual reality, or brain-computer interfaces to create immersive or interactive experiences.
  • Developing FRT standards and ethics. FRT researchers are developing FRT standards and ethics that can guide FRT development and use. For example, some researchers are creating FRT benchmarks and evaluations that can measure FRT performance and quality. Some researchers are also creating FRT frameworks and principles that can address FRT challenges and risks. Some researchers are also creating FRT codes and policies that can regulate FRT use and protect FRT users.

Summary and Conclusion

FRT is a fascinating and controversial technology that has many advantages and disadvantages for individuals and society. In this article, we have discussed how FRT was used by Rite Aid to monitor its customers’ behavior; what are the ethical implications of FRT for consumers, tech enthusiasts, privacy advocates; how FRT affects society; what are some of the best practices for using FRT responsibly; what are some of the current laws and regulations governing FRT in different countries; and what are some of the future trends and developments in FRT research.

We hope that this article has provided you with valuable insights and information about FRT and its impact on our lives. We also hope that this article has inspired you to think critically and creatively about FRT and its potential applications and implications. We encourage you to share your thoughts and opinions about FRT with us and others, and to explore more FRT resources and opportunities.

Table 1: Pros and Cons of FRT

Pros Cons
FRT can enhance security and safety by identifying and verifying people, preventing crimes, and solving cases. FRT can erode privacy and anonymity by capturing and storing people’s faces, exposing their personal information, and enabling mass surveillance and tracking.
FRT can improve convenience and efficiency by enabling fast and easy access, authentication, and payment, as well as personalized and customized services and experiences. FRT can alter social norms and behaviors by influencing how people act, communicate, and express themselves, as well as creating new forms of social pressure and conformity.
FRT can provide benefits and opportunities for various fields and sectors, such as health care, education, entertainment, and more, by offering new applications and solutions. FRT can challenge ethical and moral values by raising ethical dilemmas and moral questions about the use and abuse of FRT, as well as undermining social trust, cohesion, and diversity.

Table 2: FRT Laws and Regulations in Different Countries

Country FRT Laws and Regulations
United States No federal law that specifically regulates FRT. Some federal laws that may apply to FRT use, such as the Fourth Amendment, the Privacy Act, and the Fair Credit Reporting Act. Some states and localities that have enacted their own laws or regulations that ban, restrict, or regulate FRT use by public or private entities.
European Union No specific law that regulates FRT. The General Data Protection Regulation (GDPR) that applies to the processing of personal data, including biometric data, by any entity operating in the EU. The GDPR requires consent, transparency, accountability, and data protection by design and by default for any personal data processing. The GDPR also grants data subjects the right to access, rectify, erase, restrict, or object to their personal data processing, as well as the right to data portability and the right not to be subject to automated decision-making. A new regulation that would ban or limit FRT use in public spaces, except for specific purposes, such as security, health, or research, is being considered.
China No specific law that regulates FRT. Some laws and regulations that may apply to FRT use, such as the Cybersecurity Law, the Personal Information Security Specification, and the Civil Code. The Cybersecurity Law requires network operators to protect personal information and obtain consent for its collection and use. The Personal Information Security Specification provides guidelines for personal information processing, including biometric data. The Civil Code recognizes the right to privacy and the right to portrait. A new law that would regulate FRT use and establish a national standard for FRT accuracy and quality is being developed.

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