FTC imposes 5-year ban on Rite Aid's facial recognition tech due to consumer harm. Company faces oversight for automated biometric systems. (IT World Canada)


Dec 22, 2023

Rite Aid, a well-known American drug store chain, faces a five-year ban on utilizing facial recognition technology, as imposed by a regulatory body. The U.S. Federal Trade Commission (FTC) declared this decision as part of a settlement in response to Rite Aid's failure to establish adequate safeguards and procedures for consumers' protection in its widespread use of facial recognition across numerous stores.

The FTC accused Rite Aid of disregarding proper implementation procedures, resulting in potential harm to consumers and violating a 2010 FTC order regarding oversight of its service providers. Samuel Levine, Director of the FTC’s Bureau of Consumer Protection, condemned Rite Aid’s negligence, stating that their use of facial surveillance systems inflicted humiliation and other harms on customers, putting sensitive information at risk.

Despite Rite Aid's over 1900 stores across 16 states, the corporation's ongoing bankruptcy proceedings will require the order's approval from both a bankruptcy court and a federal district court for enforcement.

This regulatory action serves as a cautionary message to American entities, stressing the potential consequences of deploying facial recognition technology without addressing and mitigating the risks to consumers. The FTC outlined the necessity to assess the technology's accuracy before and after deployment while mitigating misidentification risks.

Rite Aid, in response, indicated a settlement agreement with the FTC but contested the facial recognition allegations. The company clarified that the technology was part of a limited pilot program in a few stores, ceased over three years ago, preceding the FTC's investigation.

Should the federal court approve the order, Rite Aid will need to enforce comprehensive measures to prevent consumer harm when deploying automated biometric tracking systems. Moreover, it must discontinue technology usage if risks remain unmanageable and establish a robust executive-monitored information security program.

The FTC's complaint against Rite Aid spanned from 2012 to 2020, alleging the misuse of facial recognition technology leading to wrongful accusations against consumers. Employees, acting upon false alerts, subjected customers to undue scrutiny, confrontations, and public accusations of misconduct, disproportionately affecting people of color.

The FTC accused Rite Aid of failing to inform consumers about the technology's use while discouraging employees from disclosing it. Additionally, the company allegedly collected images from various sources to create a database for identifying individuals involved in criminal activities, leading to numerous false-positive matches.

Issues regarding facial recognition have also surfaced in Canada, with parliamentary recommendations for a legal framework. Instances like the breach of privacy laws by Canadian Tire affiliate stores and concerns raised by legal advocacy groups like the Justice Centre for Constitutional Freedoms in Canada underscore the global debate around digital ID applications, such as facial recognition, and their impact on personal privacy and dignity.

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