Business

Is Wegmans collecting biometric data on Mass. shoppers?

New signage at its New York City stores has customers wondering whether the grocery chain — and other retailers — are quietly gathering sensitive information here.

Wegmans in Northborough (Michelle Sheppard/Worcester Telegram & Gazette)

January 6, 2026

2 minutes to read

Earlier this month, the Gothamist reported that Wegmans posted signs at its two New York City stores warning customers that it was collecting biometric data.

The notices — required under New York City law — raised an uncomfortable question for Massachusetts residents: Are retailers here gathering the same sensitive information without telling anyone?

Massachusetts has no laws protecting consumers from this kind of data collection, though lawmakers are working on one.

“We’re long past the point where we should have been concerned about the collection of biometrics,” said Woodrow Hartzog, a professor of law at Boston University.

In a statement, Wegmans said that in a small fraction of its stores with an elevated safety risk, it has deployed cameras equipped with facial recognition technology.

The company claims it uses the technology to identify people previously flagged for misconduct, and that it disposes of the footage after a retention period.

In short, the company said, “Our goal is simple — to keep our stores safe and secure.”

Other retailers also use the claim that they employ biometric technology to do targeted advertising, deter theft, and ensure the safety of their customers and employees.

Retailers like the Albertson’s Companies, which owns Shaws and Star Market, Walmart, and Best Buy state in their store’s privacy policies that they collect biometric data.

Others, such as Kohl’s and Target, were accused — in class action suits brought under the Illinois Biometric Information Privacy Act — of using the technology without consent.

It remains unclear which stores in Massachusetts are collecting such data.

In response, Kade Crockford, director for Technology and Justice Programs, ALCU of Massachusetts, said in a statement, “No one should have to worry that simply going to the grocery store could result in a catastrophic privacy violation.”

The lack of regulation in Massachusetts, Crockford said, exposes residents to “serious security and privacy harms.”

The ACLUM supports the proposed legislation that the Massachusetts Senate unanimously passed on Sept. 9.

If passed, the bill would create rights for residents regarding personal data, including the right to know what information companies collect and the ability to opt out of having their data used for targeted advertising or sold to other companies.

The bill is moving through the House for consideration.

What the final law will look like is still unclear — “the devil is in the details,” Hartzog said — but he warns that action is overdue.

“You should be protected when you walk into a store without having to worry about the thousand different ways in which your personal information is being collected and used against you,” Hartzog said.

While companies say biometric data helps with security or advertising, Hartzog said companies can sell, share, or use it for “surveillance pricing,” where shoppers are charged based on what retailers think they’ll pay.

“Without meaningful rules, they’re going to use it for every way that’s even remotely financially advantageous,” Hartzog said. And once data exists, he added, “if you collect it and store it, (the federal government) will come looking for it.”

He warned that each delay in passing protections normalizes biometric tracking. “It’s bad when it’s in your face because then you get normalized to it, and it’s even worse when you have no idea that it’s happening,” he said, “because you get exposed in all sorts of different ways without even the opportunity to protect yourself.”