Lawmakers Raise Concerns, Announce Regulation of New Facial Recognition Software at Mall of America

BLOOMINGTON, Minnesota. — New facial treatment facial recognition software recently implemented at the Mall of America is raising concerns about privacy and data storage. Two state lawmakers from both political parties are vowing to push for regulation next session.

The mall, the nation’s largest, uses the technology to detect security threats by capturing faces and matching them to its database of people of interest, such as those flagged by law enforcement and others who have been banned from the mall. It comes after several shootings there in recent years, including a 19-year-old man who died during the incident in 2022.

The software can also be used to search for people who are missing or may be in danger. A mall spokesperson said they do not identify or store facial data on anyone who has not been identified as a person of interest.

Sen. Eric Lucero, a Republican from St. Michael who works in cybersecurity, said he understands the intent to increase security but is still skeptical.

He and Sen. Omar Fateh, DFL-Minneapolis, issued a joint statement after learning of the technology’s deployment, expressing concerns about privacy and data storage.

In an interview with WCCO, Lucero suggested the state legislature should temporarily ban the technology until additional safeguards are in place. He has introduced multiple bills to address artificial intelligence and new technologies, including co-sponsoring a new law banning the use of “deepfake” materials to influence elections.

“There needs to be regulation so that anyone considering implementing technology like facial recognition understands the limitations and the privacy concerns and issues are addressed,” Lucero said. “The law has not kept up with the technology. Rather than trying to put regulations, safeguards and controls in place after the fact, it makes perfect sense to put a moratorium on the deployment of facial recognition technology until those controls are in place.”

A mall spokesperson said in a statement that they do not rely solely on facial recognition software when notified of a potential match with a person of interest. Up to three people will verify that the correct person has been identified.

“Mall of America understands the importance of navigating the balance between security and privacy and believes that the limited use of facial recognition technology strikes the right balance. We take the safety of our guests, tenants and team members very seriously,” a spokesperson said in an email. “This best-in-class system and the integration of this technology, along with procedural changes, provide another layer of security at Mall of America.”

Dr. Manjeet Rege, director of the Center for Applied Artificial Intelligence at the University of St. Thomas, said he had no concerns about the technology being used at the mall, citing the mall’s statement that it does not store the data of people captured on camera but instead uses live streaming to find matches against an existing “person of interest” database.

He noted that facial recognition is nothing new. It’s used in airports, to unlock cellphones and to identify Facebook friends when someone uploads a photo to the platform. But he said the technology has improved significantly, with some algorithms having near 100% accuracy.

If that video were being stored without the consent of mall goers, that would be concerning, he said. But in this case, he believes it’s an example of AI being used for good.

“Human safety has its limits, so it is extremely important that we implement technology for the safety of all,” Rege said. “And this is a very good step in that regard.”

Fateh, in his statement, promised to take action on data privacy and civil liberties concerns “as quickly as possible” when lawmakers return to St. Paul. The next legislative session begins in January.

“It is not yet clear how this data will be stored, distributed or protected from data breaches. Mall of America is an important public institution in our state and should not take this dramatic step without explaining to citizens how it will work and why this invasion of privacy and violation of civil liberties is necessary,” Fateh said.