In a recent budget agreement in New York State, a new law has been included that explicitly prohibits the Metropolitan Transportation Authority (MTA) from using facial recognition and other biometric identification technologies to enforce provisions related to fare payment. This provision, as part of the budget document, was swiftly approved and privacy advocates have highly praised it.
According to a report by Gothamist, Queens State Assemblyman Zohran Mamdani stated that the purpose of this measure is to protect the privacy of New York City residents and prevent the abuse of surveillance technologies in public places. Assemblyman Mamdani expressed concerns that facial recognition technology could infringe on individual privacy and expand surveillance of citizens.
State lawmakers and Governor Kathy Hochul reached a budget agreement over the weekend, which includes the ban on facial recognition technology. Privacy advocates and the New York Civil Liberties Union (NYCLU) have welcomed this move. Michael Sisitzky, a policy expert at NYCLU, stated that increasing fines for fare evasion is criminalizing poverty, and this new law is a step in the right direction.
An MTA spokesperson responded by stating that they have never used facial recognition technology in their surveillance systems and noted that the MTA is expanding the number of surveillance cameras in subway stations and trains. Meanwhile, the New York City Police Department (NYPD) has been using facial recognition technology since 2011 to enhance public safety and investigate crimes, and it is currently unclear how the new state law will impact the NYPD’s use of this technology.
Will Owen, a spokesperson for the Surveillance Technology Oversight Project, has called for the New York State Legislature to pass broader laws that comprehensively ban government agencies from using all forms of biometric surveillance technology to better protect the rights of citizens.
Technology and civil rights experts have pointed out the risks of facial recognition technology errors. The non-profit organization Innocence Projects has cited several cases where errors in the technology led to false accusations against black individuals. To avoid errors, the NYPD stated that they manually review evidence before using facial recognition for arrests.
Rachael Fauss, Senior Policy Advisor at Reinvent Albany, a government oversight organization, stated that the new law reflects legislators’ concerns about facial recognition technology and may restrict its use in other areas.