If you are doing temperature screening and using facial recognition, you may have unwittingly fallen into a trap. Learn about facial database blacklists.
Many buyers are concerned that safe space screening solutions will be a throwaway post-COVID. Cut concerns off at the pass with this 3-point talk track.
Retail has found new purpose in facial recognition during the coronavirus crisis for its potential to support contact-free payments, temperature checks, mask-detection and surveillance.
Pasadena last week reportedly became the first U.S. city to introduce a facial recognition payment network with 25 retailers signing on. Shoppers can order and pay without having to use a credit card and gain quick access to their loyalty accounts. They can opt-in or out of the technology.
Biometric recognition enables retailers to give workers quick temperature checks in order to reduce COVID-19 risks.
Stores can also take shoppers’ temperatures and numerous articles have explored the advantages such automated technologies would have over holding a temperature gun to someone’s forehead prior to entry.
The Wall Street Journal recently reported that the New York Mets and the Los Angeles Football Club are testing biometric screening for contactless entry into their stadiums as well as to measure a fan’s temperature and determine whether they’re wearing a mask.
Using facial recognition technology to track the spread of the coronavirus is reportedly fairly common in South Korea, Singapore and China, although contact tracing would face significant privacy hurdles in the U.S.
Last week, Macy’s was hit by a class-action lawsuit in Illinois for allegedly violating state laws in using facial recognition software to identify shoppers from security camera footage. The plaintiff in the complaint charged that Macy’s profited off stolen data and could “stalk or track” customers, violating their privacy.
The technology has largely been used at retail to reduce shoplifting, especially tracking repeat offenders. Advances in artificial intelligence and machine learning are enabling retailers to experiment in other areas.
A study from ECR Retail Loss Group based on a survey of 22 large retailers in the U.S. and Europe undertaken just prior to COVID-19 found respondents highly interested in facial recognition’s crime-prevention potential but concerned over brand reputation risks and costs.
ECR’s study said facial recognition is “currently at the ‘frontier’ of public acceptability” while also noting the roll out of CCTV in in the early 1990s and RFID in the early 2000s both initially faced pushback but have become “simply just another part of the ‘modern’ world.”
DSF “Fast Chat”
Gary, your voice has been so helpful to the industry as we navigate both privacy and legal conversations around our Back to Business challenges. We’ve talked about things like Privacy By Design in past cross-industry conversations . A different—although adjacent—topic has similarly emerged: Duty of Care. What is this about?
Good question. When anyone is contemplating a lawsuit alleging negligence or breach of duty, you have to ask, what IS the duty? What was my obligation to you, the person? Should it have been safe screening? Maybe. Should it have been to ensure that it was impossible for you to get sick in my business environment? Likely no.
In absence of law, the legal claim someone makes to a business owner is likely a negligence claim. So, the filter the claim would be put through will be “what was the obligation?”
What makes this so tough for a business owner Gary?
In this new world we’re dealing with, the challenge is that there’s no standard. I’ve spoken before about the bills on the floor in Congress seeking to address this issue. Some lawmakers have proposed a waiver to help shield businesses from liability through these types of lawsuits altogether. It could be part of a COVID relief package being negotiated.
Wow, that’s quite a waiver.
Yep, and the point of views around it are (no surprise) polarized. Some feel that they should not let people sue—it’s too hard for businesses to control COVID exposure. Others counter that if you enact a waiver to relieve businesses from liablity for any kind of health safety measures, then businesses won’t do anything. How to find a middle ground is tough.
What’s your POV for businesses while all of this is up in the air?
Well, my view is that judges tend to be very practical. When faced with a lawsuit like this, they will look at what standard of care the business put in place and whether it was reasonable in light of the circumstances. It does not have to be perfect. With this in mind, we feel that you must do something…you can’t just do nothing.
Okay, so if businesses need to do something, how do they decide what things would be reasonable? What would be perceived as ‘their duty’?
I’m going to be the lawyer and be repetitive: based on what is reasonable. What is reasonable for each specific business situation? Masks? Pre-screening? Scanning or taking temps for every person? The answer will likely be different for every type of business and every type of environment. If we’re talking about a day care or children’s camp, is it reasonable to enact temp screening? Yes. However, if it’s a subway system with tens of thousands of people coming through, the answer is likely no. You get the point.
Net-net, the key questions are what is the business, how is it set up, what kind of traffic is coming in and out and, what is the purpose of the business, how do people interact with the business, and based on these answers, what makes sense for both the business and patrons. This is how a judge is going to look at it, so this business should make their own determinations accordingly.
How do the local (and often very polarized) government mandates tie in here?
If your state has set up guidance, you need to consider it. They can be the basis for a good argument. But they can be conflicting. In New York there’s been guidance from the state and guidance from the city—and at times they aren’t the same. Even when a governor says open, there could be a debate around the circumstances that led to a lawsuit.
If this topic concerns you, what next steps should you take?
It’s always advisable to speak with legal counsel before implementing a plan, but it’s imperative to regularly review those plans. We’re in an environment where things are changing quickly—and you need to be on top of the latest information and guidance.
Thank you Gary, this was truly insightful. As always, we appreciate you sharing your valuable time and wisdom. How can our members contact you?
Gary Kibel, Davis & Gilbert. My email is firstname.lastname@example.org and phone is 212.468.4918.
ATLANTA, GA, August 10, 2020
InReality, LLC, a leading venue analytics software solution company, is pleased to announce the addition of Ryan Cahoy, long-time Digital Signage veteran, to their executive team as Chief Revenue Officer.
InReality’s venue analytics platform harnesses multiple sensor technologies and data streams into one simple view of the most important metrics and KPI’s for businesses and retailers. In April, the company became one of the first companies in the AV industry to dedicate themselves towards helping companies address the complexities and challenges of managing occupancy risks related to COVID-19.
Knowing that the sensors necessary for ‘safe space’ screening and management would need to be enterprise-enabled, they quickly stepped up to the plate and re-engineered their platform to support the need. Creative Realities (NASDAQ: CREX, CREXW) launched the first InReality-powered sensor with the Thermal Mirror temperature inspection bundle, a move that set InReality on a new growth path via global resellers, ecosystem partners and the enterprise-enabling of other screening sensors.
Cahoy, a well-known industry veteran, literally cut his teeth on AV. He joined Daktronics at just 19 years old, and the experience set his life’s course. After five years with the company, he joined Rise Vision and spent almost two decades growing the company, eventually becoming their Managing Director. Both roles involved working closely with sales, marketing and creative design, spanned across hardware and software, and involved working across many verticals such as financial services, casinos, schools, retail and sports bars[MOU1] . This experience, along with industry leadership posts such as his current post as Executive Board Member of the Digital Signage Federation, made him the ideal pick for InReality’s next chapter of growth.
“I have always described myself as someone that helps people use technology to create spaces that make customers stop and say “wow”,” shares Cahoy. “I’ve known the InReality leadership team for decades and, like them, never thought I’d one day use my skills and product to help businesses literally stay in business. I’ve been with the company a mere handful of weeks, and we’ve already accomplished monumental things. It’s exciting to play a role in this momentum.”
InReality’s executive team was initially cautious about jumping into this new category. Fueled by almost a decade of iterations of their software platform–all stemming from in-the-trenches, unforeseen business requirements–they were uniquely suited to anticipate the operational complexities these new ‘safe space’ sensor solutions would be facing. Wide-ranging workflows and data policies would need to be supported and iterated, alerts would be necessary to deal with anomalies and unexpected situations and the dashboards, reports and compliance audits would need to be simple, streamlined and managed across multiple sensors and locations. It was something few platforms could support, but InReality’s was ideally suited for it.
Ron Levac, InReality CEO, expands. “We’ve known Ryan as both a respected industry leader and friend. Getting into this Safe Space world was a bet early on, but we felt strongly about our ability to help address the challenges enterprise businesses would face. We were right, and the resulting growth required a unique talent to help steer us forward. We collectively considered the top pick for this critical role, and Ryan was the person we all chose. We’re over the moon to have him, and the value that he brings to every internal and partner conversation is already apparent.”
“We have a very tight-knit industry, and I’ve had the pleasure of knowing and working with many incredible people and companies,” Cahoy continued. “The opportunity to bring the power of this incredible software platform to support such an important purpose is thrilling. We’ve had to move faster than we thought possible, and our early pilots have informed our product in ways that will save both sensor manufacturers and end users monumental headaches and investment risk. I look forward to expanding our network of partners with the many companies in my inner circle, while also expanding it with new ones.”
To learn more or discuss how InReality’s platform can optimize your Safe Space Solutions, go to www.inreality.com or email us at email@example.com.
InReality is a venue analytics platform that transforms most any tracking, measurement and influencing technology into the metrics that matter most. They do it by harnessing data from IoT sensors and other measurement and influencing technologies into one simple platform that produces only the most critical KPIs, then enabling predictive or personalized responses. With it, venues can both prove and improve their ‘phygital’ touch points across multiple locations at scale, but without the complexity or limitations of multiple sensors and disparate dashboards. Owners and retailers make their spaces safer and more meaningful for their patrons, and brand advertisers finally get the analytic ammunition they need to optimize their strategies and defend their marketing spend.
5 Minute Fast Chat: Back to Business Camera Technology and “The Blacklist”—the Facial Recognition Trap You May Not Know You Fell Into
What is the “Blacklist” and how do you make sure you don’t unwittingly sell a solution that’s on it to your customers? What you don’t know may hurt you…so get in the know on this topic with InReality’s CEO Ron Levac.
August 18, 2020: Digital Signage Power Hour: Making Virtual Work and the Path Forward for AV Marketing - 1 RU
Today’s retailers continue to seek ways of attracting shoppers, and many are opting for more digital signage. The challenge, then, is creating enough engaging content to keep all that digital signage fresh. Increasingly, leading retailers are turning to what’s known as generative content – which leverages software and computing to automatically combine pre-designed content and data feeds to create original visuals in real-time and on an ongoing basis.
In this webinar, AVIXA gathered retail and experiential design experts to discuss generative content in retail environments; effective strategies for leveraging generative content to keep digital signage fresh; best practices for combining generative content with pre-produced content; and ways to measure ROI for digital signage campaigns.
- Laura Davis-Taylor, Chief Strategy Officer, InReality
- Pavani Yalla, Experience Design Director, Second Story
- Sharon Lessard, Senior Director, Global Store Design & Development, Under Armour