February 8 Case Scenarios: Group No. Three

Case Scenario No. One

Notice

Notice of the use of facial recognition technology, drones and video surveillance will be given to attendees before the game via a printed message on the back of their tickets (if ticket is available for viewing/printing online, it will be printed on that ticket as well as tickets distributed by the stadium). On the day of the game, there will be signs posted throughout the stadium (inside and outside the entry gates) stating that facial recognition, drones and video surveillance are being used. When attendees enter through the gates, an audio announcement will state that facial recognition, drones and video surveillance are being used. This audio announcement may also include other information, to be determined by the stadium or NFL (advertisements, general announcements or reminders, other security information, etc.). This should be a friendly announcement, in an informative tone so as not to detract from the festivities.

Consent

No express consent is required. Consent is implied upon purchase of a ticket as well as entry to the stadium. Attendees do not have a reasonable expectation of privacy at this event, due to the size, the number of people in attendance, the fact that it is televised and the close proximal relationship of attendees. If a person or group has issue with the use of facial recognition, drones or video surveillance, the event is being televised and they may view it through alternate means.

Policies

The database(s) used should be only through official sources (law enforcement agencies, DMV, watch lists and an NFL--and stadium, if available--database of people they have previously had problems with). Images and information will not be connected to Facebook; the system should not have access to Facebook.

Known convicts or people on watch lists will be “flagged” and the areas they occupy will be in constant video surveillance through the use of drones or video cameras. Security personnel or law enforcement may only get involved if a disturbance occurs. People who are flagged will not be immediately removed unless security personnel or law enforcement deem it necessary. Areas occupied by people who are not flagged will still be surveilled. Security personnel or law enforcement may only get involved if a disturbance occurs in this situation as well.

The information/data collected from the surveillance on game day will be stored for a month after game day. This allows time for people to come forward after the game, in case something happened that they would like to be investigated further. Law enforcement agencies may request longer storage of certain data if it is needed for a criminal investigation. The implementation of this technology is for security. The information/data collected may not be sold or distributed except in the case of criminal investigation.

Case Scenario No. Two

Concerns

1. There ought to be an option to opt-out of being in the database.
2. A person should consent to having their face scanned each time a scan is attempted.
3. A person should consent to what information is being viewed and used by the kiosk.
4. This beverage company sells products that may not be suitable for children and products that are illegal for persons under the age of 21 to consume. What will keep the kiosk from providing coupons and advertising of these products to young people?

Policy

1. Since the kiosk technology is connected to the frequent shopper program (which requires the submission of a photo), signing up for the frequent shopper program automatically puts one’s face in the kiosk’s database. In order to opt-out of being in the database, a person would be required to not join the frequent shopper program.
2. When signing up for the frequent shopper program, there should be a notice stating that signing up for the frequent shopper program automatically gives consent to have one’s photo included in the kiosk’s database. One must provide express consent (by checking a box or providing a signature) to have their photo included in the kiosk’s database.
3. When signing up for the frequent shopper program, there should be an option to choose what the kiosk’s database has access to. One must provide express consent for the database to access Facebook (by checking a box, circling something, or providing a signature). If the company or store would like for the database to have access to any other information, this should be expressed when signing up for the frequent shopper program. The use of one’s photo and shopper history is already part of the frequent shopper program and will automatically be used by the kiosk. If a person signs up for the frequent shopper program, they do not have to provide additional consent for their photo and shopper history to be used by the kiosk.
4. Because the information in the kiosk is connected to the frequent shopper program, a person must be a member of the frequent shopper program in order to use the kiosk and receive a coupon. Minors will be automatically excluded from the use of the kiosk because they will not be members of the frequent shopper program.

Questions

What is the incentive for the consumer to use this product (kiosk)? 
Is there any incentive beyond the coupon, the potential to find a product they may enjoy and the interactive experience of new technology?

What is the incentive for the store to use this product? 
Does the store collect the information collected by the database and use that for the future?

What is the incentive for the company to use this product?
Besides advertisement and immediately attempting to determine a consumer’s preferences based upon their shopper history and/or Facebook profile, does the company receive any other benefits from this product? Do they store and use the information collected to find statistics of potential and current consumers? If this is the case, they should probably record what coupons were given to certain consumers and whether or not these coupons were used.

How long is information stored and used? 
We assumed that the information collected through the kiosk and frequent shopper program are probably stored for an indefinite amount of time. It will probably be used by the store and companies in order to provide relevant promotions of items a particular person will most likely find useful.