Target sued for allegedly improperly gathering biometric data

An Illinois woman is suing Target for using biometric data without obtaining written permission or providing shoppers with advanced notice that biometric data was being collected, according to court documents. 

Arnetta Dean, a former shopper at Target, is suing Target for actively collecting the biometric data of thousands of Illinois residents who have entered the retailer’s stores. 

Target stores are outfitted with cameras and advanced surveillance systems that collect, possess, and obtain biometric data without shopper knowledge, the lawsuit states. 

The stores, according to the lawsuit, failed to notify customers of the use of the tech.. 

Illinois’s Biometric Information Privacy Act makes it unlawful for a company to “collect, capture, purchase, receive through trade, or otherwise obtain a person’s or a customer’s biometric identifiers biometric information unless it first: informs the subject in writing that a biometric identifier or biometric information is being collected or stored; informs the subject in writing of the specific purpose and length of term for which a biometric identifier or biometric information is being collected and used; and receives a written release by the subject of the biometric identifier or biometric information.” 

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The Illinois state legislature enacted the Biometric Information Privacy Act back in 2008 due to what it called the “very serious need for protections for the citizens of Illinois when it comes to biometric information.”

Last June, New York City grocery store owners opposed a bill that would limit the use of facial recognition software. The city council called for businesses to inform customers and get their written consent before using biometric recognition on them, or face a $5,000 fine. 

Avi Kaner, co-owner of the Morton Williams supermarket chain, testified that it’s a struggle for small businesses to effectively combat theft without tools including facial recognition. Supermarket News spoke to Kaner about the issue in a podcast episode.

Earlier this year, the Federal Trade Commission reached a settlement with Rite Aid, banning the pharmacy chain from using facial recognition technology for the next five years following charges that the company misused the biometric tech in hundreds of its stores. 

The FTC said Rite Aid used artificial intelligence-based surveillance to identify customers who have engaged in shoplifting and other problematic behavior in its stores. The tech erroneously identified some customers as shoplifters. 

The FTC also added that the false identifications disproportionately impacted people of color.

A representative for Target was not available for comment in time for publication of this story. 

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An Illinois woman is suing Target for using biometric data without obtaining written permission or providing shoppers with advanced notice. Should retailers be required to disclose this information? Let us know in the comments below, or email the SN staff at [email protected].