Privacy advocates, lawmakers rally outside MSG in support of ‘Ban the Scan’ bill

NEW YORK—Privacy advocates, lawmakers, musicians and community organizers gathered outside Madison Square Garden (MSG) on Aug. 14 to call for a ban on facial recognition surveillance in places of public accommodation and urge the New York City Council to pass Intro. 213, also known as the “Ban the Scan” bill. 

The legislation, introduced by Council Member Shahana Hanif, would prohibit certain businesses and venues from using biometric data to identify individuals in public and would restrict the sale of biometric information. 

“Madison Square Garden has shown us exactly what happens when corporations are allowed to deploy facial recognition without meaningful limits: they use it to track, profile, and blacklist people they don’t like,” Hanif said. “Your face should not be a tool that a corporation can use to punish you for exercising your rights.” 

Advocates said the issue has taken on greater urgency as facial recognition and other biometric technologies become more common in businesses and entertainment venues across New York City. They also pointed to concerns about data security following reports that a cyberattack exposed visitor information connected to MSG’s surveillance systems.

Supporters of the bill argue that large-scale collection of biometric information creates risks related to privacy, potential misuse of data and unauthorized access by third parties, including law enforcement agencies.

Department of Consumer and Worker Protection Commissioner Samuel A.A. Levine said Intro. 213 would help protect consumers from mass surveillance.

“This kind of mass surveillance opens the door to abuse and discrimination, making consumers in our city uniquely vulnerable,” Levine said. “It’s time to ban the scan and protect New Yorkers’ privacy and civil rights.”

The effort has also drawn support from elected officials including Manhattan Borough President Brad Hoylman-Sigal and New York City Progressive Caucus Co-Chair Sandy Nurse, who said New Yorkers should not have to give up biometric data to attend sporting events, concerts or other public gatherings.

Evan Greer, director of digital rights organization Fight for the Future, said entertainment venues can operate safely without facial recognition technology.

“No one wants this. Artists and fans have resoundingly rejected facial recognition at venues, and now we need lawmakers to make it official by banning facial recognition surveillance in places of public accommodation,” Greer said.

Opponents of facial recognition cite studies and advocacy reports that raise concerns about bias, false identifications and disproportionate impacts on communities of color.

Nina Loshkajian, a fellow with the Center on Race, Inequality & the Law, said the technology’s documented error rates for some demographic groups remain a significant concern.

Meanwhile, Surveillance Technology Oversight Project Executive Director Michelle Dahl said Madison Square Garden is only one example of a broader trend.

“From Citi Field to Wegmans, facial recognition has spread rapidly across our city, threatening the privacy and dignity of New Yorkers going about our daily lives," Dahl said. “It’s long past time the City Council pass Intro. 0213 to ban the scan in public accommodations.”

Madison Square Garden defended its use of the technology. "People have been recognizing each other's faces since the beginning of time. We just do it electronically," an MSG spokesperson said in a statement.

The proposed legislation remains under consideration by the City Council. 

Related: Facial recognition is a violation of privacy, News Poll results show 

Photo courtesy of Fight for the Future