By Jonah M. Haseley

Traditionally, people carried paper tickets to concerts, sports games, and other venues. By today’s standards, that seems quaint. But the rise of biometric data, particularly facial recognition technology, is allowing your face to become your ticket. 

The Rise of Facial Recognition in Live Events

Venues are beginning to use facial recognition to expedite entry and augment security. The New York Mets introduced facial recognition at Citi Field, allowing fans to enter without traditional tickets. The NFL has deployed facial recognition to control access to restricted areas within stadiums.

Legal Challenges and Privacy Concerns

While facial recognition offers convenience, it also raises legal and privacy issues. In 2024, a federal judge dismissed a lawsuit against Madison Square Garden, which used facial recognition to identify and ban individuals who were in litigation against the company. The court found that the practice did not violate existing privacy laws, despite calling it “objectionable” in its order dismissing the lawsuit. 

Not all venues have followed this tech trend. In 2023, more than 100 artists and venues pledged to not use facial recognition at their events, citing concerns over civil liberties and privacy. This resistance exemplifies unease within the entertainment industry about biometric surveillance.

Biometric Privacy Laws: A Patchwork of Protections

The legal landscape for biometric data in the U.S. is fragmented. Only a few states—such as Illinois, Texas, and Washington—have enacted comprehensive biometric privacy laws that require informed consent for the collection and use of facial data. Illinois’s Biometric Information Privacy Act (BIPA) is perhaps the strongest of these, allowing private individuals to sue for violations.

However, most states offer no such protections, meaning that depending on where a venue is located, concertgoers may unknowingly surrender biometric data. This lack of consistency leaves fans vulnerable and venues with unclear obligations.

The Need for Transparency and Consent

A major issue with the use of facial recognition technology is the lack of transparency. Venues often fail to disclose that they are collecting biometric data. Venues sometimes obtain consent first, but often the consent is buried in complex terms and conditions.

One notable example occurred at a Taylor Swift concert, where facial recognition was used to scan attendees for known stalkers. Stalking is a real problem, and celebrities like Taylor Swift have legitimate security concerns. But fans were unaware that their images were being captured and analyzed, raising ethical and legal questions about covert surveillance at public events.

The Path Forward

As facial recognition becomes more common at live event venues, lawmakers should enact clear, nationwide rules that protect individuals’ privacy rights and regulate how biometric data is collected, stored, and used. Venues must also take responsibility by being transparent about their practices, obtaining clear, informed consent, and securing the data they collect. People deserve to have their data protected and their privacy respected. By implementing stronger legal protections and ethical standards, we can ensure that attending a concert remains about watching the performance—not about being watched.

#FacialRecognition #PrivacyRights #ConcertTech #BiometricData