Rite Aid to be barred from using facial recognition under proposed FTC settlement


A Rite Aid retailer stands in Brooklyn on August 28, 2023 in New York City.

Spencer Platt | Getty Images

The Federal Trade Commission proposed to bar Rite Aid from using facial recognition software program in its drugstores for 5 years to settle allegations it improperly used the know-how to determine shoplifters, the company mentioned Tuesday.

The FTC alleged that from 2012 to 2020, Rite Aid deployed facial recognition know-how in a whole lot of its retail pharmacies throughout a number of states so as to determine prospects it had beforehand deemed probably to be shoplifting or participating in different legal exercise. But the system generated 1000’s of false-positive matches, in accordance to the FTC, leading to some buyers being mistakenly flagged as individuals of curiosity.

Those people had been detained or searched by Rite Aid workers, subjected to elevated surveillance, publicly accused of legal exercise, reported to police, and in some instances banned from getting into or making purchases at Rite Aid shops, the FTC alleged.

Rite Aid’s facial recognition know-how was extra probably to generate false positives in shops positioned in predominantly Black and Asian neighborhoods than in predominantly white communities, the place 80% of Rite Aid shops are positioned, the FTC claims.

Rite Aid relied on facial know-how from two undisclosed distributors, the company mentioned. It maintained a database of individuals of curiosity that included photographs collected from safety digicam footage, driver’s licenses or authorities IDs, together with information comparable to names, years of delivery, and “info associated to legal or ‘dishonest’ habits wherein people had allegedly engaged,” the FTC alleged in its grievance, which was filed in U.S. District Court for the Eastern District of Pennsylvania. There had been “at the very least tens of 1000’s of people in its database,” the company alleged.

As a part of the proposed settlement, the FTC mentioned Rite Aid should order third events to delete photographs or images collected by its facial recognition system, notify buyers when biometric information is collected or utilized in reference to its safety or surveillance programs, amongst different necessities. It may even require Rite Aid to completely discontinue using the know-how if it could’t management potential dangers to shoppers.

Rite Aid mentioned in a press release that it is happy to attain an settlement with the FTC however that it disagrees with the company’s allegations.

“The allegations relate to a facial recognition know-how pilot program the Company deployed in a restricted variety of shops,” the corporate mentioned, including that it stopped using the know-how greater than three years in the past, earlier than the FTC initiated its investigation.

The FTC motion comes after a Reuters investigation in 2020 detailed Rite Aid’s use of facial recognition know-how in primarily lower-income, non-white neighborhoods. Reuters recognized facial recognition software program suppliers DeepCam and FaceFirst as RiteAid’s distributors. FaceFirst’s know-how routinely misidentified Black people as shoplifters, the Reuters investigation discovered.

Privacy and civil liberties advocates continue to raise alarms round the usage of facial recognition software program and the necessity for additional regulation. The know-how has led to elevated surveillance, and quite a few research have proven the factitious intelligence underpinning the know-how is extra probably to misidentify individuals of shade, leading to wrongful arrests.

The proposed settlement is topic to approval by a court docket overseeing Rite Aid’s chapter proceedings. The drugstore chain filed for Chapter 11 bankruptcy protection in October amid slowing gross sales, rising debt and lawsuits alleging it contributed to the U.S. opioid epidemic.



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