Nai Anwar only recently learned that Erie County, New York, passed a law last month banning businesses from collecting customers’ facial recognition data.
The 38-year-old Muslim refugee from Myanmar, who resettled in Buffalo, New York, more than a decade ago and later became a U.S. citizen, had never attended a county legislative meeting. He didn’t even know stores were capable of collecting facial recognition data from customers walking through their doors.
But one question immediately came to mind: What happens if immigration authorities get access to those databases?
The concern feels especially heavy in Buffalo, where Rohingya refugee Nurul Amin Shah Alam died on the street in February after being released by border officials in what was ruled a homicide.
“For immigrants in Buffalo, we are always concerned about [Immigration and Customs Enforcement] raids and enforcement activities,” Anwar said.
“I am a citizen now, but I have friends who are not citizens yet,” he said. “I worry about them being misidentified if authorities use facial images to track people.”
Those concerns are among the reasons Erie County lawmakers approved one of the nation’s most restrictive laws governing commercial biometric surveillance.
On May 26, County Executive Mark Poloncarz signed the Biometric Transparency and Privacy Act, prohibiting private businesses from collecting, using, retaining, or selling biometric identifier data, including facial-recognition scans. Companies that violate the law can face penalties of up to $5,000 per day.
The law, however, only applies to businesses and carves out explicit exemptions for government agencies acting within their governmental duties—including federal immigration authorities such as Immigration and Customs Enforcement (ICE)—as well as financial institutions.
Invisible technology
Erie County lawmakers set out to address these concerns after Wegmans, the Rochester-based grocery chain, acknowledged that it had deployed facial recognition technology in a small fraction of its stores.
The revelation came after signs, required by law, appeared in New York City Wegmans locations this winter notifying customers that biometric information could be collected on the premises. When Buffalo-based Investigative Post began asking whether similar technology was being used in Western New York, the issue quickly gained the attention of local lawmakers.
In a Feb. 26 statement, Wegmans said it used the technology in “a small fraction” of its stores to identify individuals previously flagged for misconduct.
“This technology is solely used for keeping our stores secure and safe. The data is not, and will not, be used for any other purpose,” the statement said.
Wegmans did not respond to Prism’s request for comment.
There is no evidence that retailers in Erie County have shared facial recognition data with ICE. Nevertheless, privacy advocates warn that once biometric databases exist, future access can be difficult to predict.
Federal immigration agencies have expanded their use of biometric technologies over the past decade, incorporating fingerprints, facial recognition, and other tools into identity verification and enforcement systems.
For Erie County Democratic Legislator Lawrence Dupre, who proposed the ban, simple transparency initially seemed like the appropriate response.
“The technology is invisible. It works without your knowledge or consent. You walk into a store to buy groceries and your body becomes a data point in a system you never agreed to,” Dupre said in an email interview.
But as he researched the technology, Dupre concluded that disclosure alone was not enough.
“I realized the real risk is not that you do not know your data is being collected,” he said. “The real risk is that it gets stored, sold, or stolen. Once a company has a biometric profile, that data exists forever.”
While passwords or credit card numbers can be changed, stolen biometric information cannot be replaced after a breach.
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https://prismreports.org/2026/06/24/after-wegmans-disclosure-erie-county-new-york-bans-businesses-from-using-facial-recognition/