Open Letter: banning government use of facial recognition surveillance is not enough, we must ban corporate and private use as well

Wired has reported that Uber Eats drivers in the UK are being fired because of the company’s faulty facial identification software, which requires drivers to submit selfies to confirm their identity. When the technology isn’t able to match photos of the drivers with their accounts, drivers get booted off the system and are unable to work, and thus unable to pay their bills. This isn’t the first time this has happened—in 2019 a Black Uber driver in the U.S. sued the company for its discriminatory facial recognition.

Cases like this are becoming increasingly prevalent: Amazon delivery drivers now have to  agree to AI surveillance, including facial identification, or else lose their job, and Apple recently banned facial recognition on employees visiting manufacturing sites, but failed to apply this ban to also protect factory workers. This level of surveillance creates many problems, including suppressing worker efforts to organize and engage in collective action. In each of these cases frontline and marginalized workers are being targeted and their safety and rights are being undermined in favor of corporate surveillance, control, and power.

These cases clearly show how private use of facial recognition by corporations, institutions and even individuals poses just as much of a threat to marginalized communities as government use. Corporations are already using facial recognition on workers in hiring, to replace traditional timecards, and to monitor workers’ movements and “productivity”—all of which particularly harm frontline workers and make them susceptible to harassment, exploitation, and put their personal information at risk.

Using biometric surveillance technology in retail stores, hospitals, and healthcare settings, at concerts and sporting events, or in restaurants and bars will exacerbate existing discrimination. In the same way that Black and brown communities are targeted by police, companies can target certain communities with their facial recognition surveillance. A store could use a publicly available mugshot database to ban everyone with a criminal record from the store, which would disproportionately harm Black and brown people who are over-policed and over-represented in these databases. The impact of this would be compounded by the fact that facial recognition is notoriously bad at correctly identifying Black and brown faces. Overall this feeds a system of mass criminalization, where Black and brown people are treated as guilty everywhere they go.

Biometric surveillance is more like lead paint or nuclear weapons than firearms or alcohol. The severity and scale of harm that facial recognition technology can cause requires more than a regulatory framework. The vast majority of uses of this technology, whether by governments, private individuals, or institutions, should be banned. Facial recognition surveillance is inherently discriminatory. It cannot be reformed or regulated; it should be abolished.

In 2020, Portland, OR, passed a groundbreaking ban on private use of facial recognition, which smartly bans use in places of public accommodation as defined by the Americans with Disabilities Act. We believe this ordinance should be used as a template for more city, state, and federal legislation that bans private and corporate use of facial recognition surveillance. 

In a world where private companies are already collecting our data, analyzing it, and using it to manipulate us to make a profit, we can’t afford to naively believe that private entities can be trusted with our biometric information. A technology that is inherently unjust, that has the potential to exponentially expand and automate discrimination and human rights violations, and that contributes to an ever growing and inescapable surveillance state is too dangerous to exist.

We call on all local, state, and federal elected officials, as well as corporate leaders, to ban the use of facial recognition surveillance by private entities. The dangers of facial recognition far outweigh any potential benefits, which is why banning both government and private use of facial recognition is the only way to keep everyone safe.

Signed,

Action Center on Race and The Economy (ACRE)
American-Arab Anti-Discrimination Committee
Cryptoharlem
Daily Kos
Data for Black Lives
Demand Progress
Electronic Privacy Information Center (EPIC)
Fight for the Future
Greenpeace USA
Just Futures Law
Massachusetts Jobs with Justice
MediaJustice
Mijente
MPower Change
Muslim Justice League
Oakland Privacy
Open MIC (Open Media & Information Companies Initiative)
Presente
Privacy PDX
Public Citizen
RAICES
Restore the Fourth
RootsAction.org
Secure Justice
S.T.O.P. (Surveillance Technology Oversight Project)
United We Dream