In January 2023, New York Attorney General Letitia James sent a letter to Madison Square Garden Entertainment Corporation (MSG), seeking information about its use of facial recognitional technology to prohibit ticketholders from entering its venues, such as Madison Square Garden and Radio City Music Hall. New York’s biometric identifier law requires companies using facial recognition technology to disclose the use to consumers. Madison Square Garden started using this technology in 2018 to identify security threats — a practice under prior scrutiny.
The inquiry followed reports that MSG used facial recognition software to identify “lawyers in all law firms representing clients engaged in any litigation against MSG” and deny them entry to MSG’s venues before they even presented their ticket(s). According to the AG’s letter, MSG’s policy impacted approximately 90 law firms.
The AG’s letter also questioned the reliability of MSG’s use of facial recognition technology and its potential discrimination. Additionally, AG James asked MSG to justify its policy and demonstrate how it can ensure compliance with all applicable laws, such as federal, state, and local human rights laws prohibiting discrimination and retaliation. Previously, MSG attempted to justify the practice by arguing that attorneys may gather evidence to support their lawsuits while inside an MSG venue. AG James warned that the policy “may dissuade lawyers from taking on legitimate cases against the company … in order to avoid the alleged ban.”
Why It Matters
AG James’s inquiry is the latest legal matter facing MSG, as several attorneys denied entry sued MSG for allegedly violating their civil rights. With biometric privacy at the forefront of regulatory scrutiny, particularly if misused or stolen, lawmakers and regulators nationwide will continue to develop policies, draft legislation, and enact regulations to protect consumer biometric data. As such, AG James’ inquiry foretells increased regulatory attention on companies deploying facial recognition technology, so they must revisit their privacy policies and reassess the legal landscape to ensure compliance with biometric laws.
