The Metropolitan Transportation Authority in New York has been barred from using facial recognition technology to catch fare beaters, according to Gothamist.
The prohibition was reportedly included in the new state budget at the last minute and requires the MTA to "not use, or arrange for the use, of biometric identifying technology, including but not limited to facial recognition technology, to enforce rules relating to the payment of fares."
State Assemblymember Zohran Mamdani told Gothamist the ban was added to the budget to protect New Yorkers' privacy.
"There has long been a concern [facial recognition] could invade upon people's lives through expanded surveillance and through the criminalization of just existing within the public sphere," Mamdani said.
New York Gov. Kathy Hochul and state lawmakers came to an agreement on the budget last weekend; minor changes to rules or laws were tacked onto the sprawling spending plan, however, without any opportunity for public debate.
Earlier this year, the New York Legislature raised the maximum penalty for fare evasion, from $100 to $200, and privacy advocates and good governance groups hailed the new measure as a step in the right direction.
"Imposing harsher fines for fare evasion criminalizes poverty and puts vulnerable New Yorkers at risk," Michael Sisitzky, a policy expert at the nonprofit New York Civil Liberties Union, wrote in a statement. "It's encouraging that Gov. Hochul recognizes the dangerous and harmful impacts of biometric surveillance as a tool to combat fare evasion, but New York must stop punishing our city's marginalized communities with historically discriminatory policing tactics that enable targeted policing against people of color and low-income New Yorkers."
In a statement, an MTA spokesperson told Gothamist that facial recognition is not something the agency has ever used. It is reportedly in the process of installing cameras in every subway station, as well as in some train cars.
The NYPD, which has access to MTA video feeds, has used facial recognition technology since 2011 to "investigate criminal activity and increase public safety," according to a document from the department. It is unclear if the new state law bans the NYPD from using its facial recognition programs on MTA footage of fare evaders.
According to technology and civil rights experts, facial recognition is not infallible. The nonprofit Innocence Project cited six cases to Gothamist of Black people who were falsely accused of crimes after being misidentified by facial recognition technology.
Will Owen, a spokesperson for civil rights group Surveillance Technology Oversight Project, said New York's ban on facial recognition for MTA fare evaders doesn't go far enough.
"We're calling for New York state to pass legislation that would fully outlaw the use of facial recognition and other biometric surveillance by government agencies to truly protect New Yorkers," Owen told Gothamist.
Nicole Weatherholtz ✉
Nicole Weatherholtz, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.
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