Summary
Facial recognition (“FR”) is now a common surveillance tool used by many local law enforcement agencies nationwide, but this technology does not come without error. FR misidentifies individuals in poor quality photos and disproportionately misidentifies people of color, women, the young, and the elderly. Furthermore, risks posed are compounded by police who readily accept low-quality matches and doctored photos.
In this report S.T.O.P. explores legislative responses to police abuse of FR. We outline FR’s limitations and use by the NYPD, address the lack of regulation resulting in discrimination and constitutional harms, and evaluate the efficacy of emerging legislation.
Wielded by the NYPD, FR proves to have serious consequences for the civil, constitutional, and privacy rights of New Yorkers. Although creative litigation strategies can provide protection from the dangers of FR, in order to achieve broad protection from its overuse and abuse strong legislation at the municipal and federal levels is urgently necessary.
Supported in part by a grant from the Open Society Foundations and by the John D. and Catherine T. MacArthur Foundation.
