Mall of America Facial Recognition System Sparks Concerns over Privacy and Civil Liberties: Senators Call for Transparency and Regulation

Senator Eric Lucero (R-Saint Michael) and Senator Omar Fateh (DFL-Minneapolis) recently issued a joint statement in response to the Mall of America’s implementation of a facial recognition system. They expressed deep concerns over the non-consensual capturing, storing, mining, and third-party sharing of biometric facial recognition data, citing it as a violation of privacy and a threat to millions of Minnesotans and visitors to the state.

Lucero emphasized the unresolved public policy concerns surrounding privacy rights and facial recognition technologies, highlighting the risks of abuse, data breaches, identity theft, liability, and accountability. He stressed the need for input from citizens, civil liberty advocates, data practices advocates, and state and local government officials before moving forward with the implementation of facial recognition technology.

Fateh raised the issue of potential racial bias in facial recognition technology, noting that the ACLU has reported misidentifications of people of color at a rate as high as 40 percent. He expressed concerns about the potential for racial profiling, harassment, and false arrests, as well as uncertainties about how the data will be stored, distributed, and protected from breaches.

Both senators called for transparency from the Mall of America about how the technology works and why it is necessary. They also urged legislators to consider regulating or banning the use of facial recognition technology. They expressed readiness to address these concerns through legislation even in a special session if necessary. Ultimately they emphasized that protecting privacy and civil liberties should be paramount when implementing new technologies.