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Q&A

Hanif questions panel on biometric surveillance and Ban the Scan

New York City Council · Oct 5, 2026 · starts 7:05:05 · 3 min 58 sec

Councilmember Shahana Hanif asks about safeguards against surveillance targeting identity or political activity and whether her Ban the Scan bill is important. Stoyanovich strongly supports it and calls for a proper data protection regime; Sheard emphasizes irreplaceable biometrics and chilling effects.

Shahana K. Hanif

Thank you.

Shahana K. Hanif

Thank you for your expertise, and this is for everyone on the panel.

Shahana K. Hanif

As AI and facial recognition technologies become more powerful, what safeguards should cities put in place to prevent surveillance tools from being used to target people based on their identity, associations, or political activity?

Shahana K. Hanif

Would legislation like my ban the scan bill, which would regulate and prohibit biometric surveillance in places of public accommodation, provide an important safeguard?

Shahana K. Hanif

And I'm particularly interested in your assessment of Madison Square Garden owner James Dolan's use of biometric surveillance to identify and exclude individuals.

Shahana K. Hanif

Thank you.

Member of the Public - Nathan Sheard

Anyone.

Member of the Public - Julia Stoyanovich

Yeah.

Member of the Public - Julia Stoyanovich

Okay.

Member of the Public - Julia Stoyanovich

So absolutely, I'm very supportive of your bill, and I think that we have a lack of data protection in this city, in this country, in the state, right?

Member of the Public - Julia Stoyanovich

And data protection is a tremendously important issue, and because of how convenient AI tools are,

Member of the Public - Julia Stoyanovich

people very often voluntarily give up very private information about themselves.

Member of the Public - Julia Stoyanovich

So I actually have in my written testimony that's much longer examples of AI assistants being marketed that essentially people give access to their calendars, their children's

Member of the Public - Julia Stoyanovich

biometrics, the schedules, all of the school contact information, right?

Member of the Public - Julia Stoyanovich

So we really need to educate the public about

Member of the Public - Julia Stoyanovich

the benefits, but also the risks that data sharing poses.

Member of the Public - Julia Stoyanovich

And we need to establish a proper data protection regime in the city.

Member of the Public - Julia Stoyanovich

There's no way around it.

Member of the Public - Nathan Sheard

So as I mentioned in my statement, I am very concerned about the, and EFF is very concerned, about the risks connected to

Member of the Public - Nathan Sheard

the collection of biometric data like face prints that can't be replaced.

Member of the Public - Nathan Sheard

If I lose my driver's license, I get a new driver's license.

Member of the Public - Nathan Sheard

I lose my social security or my license plate gets out, I can replace those things.

Member of the Public - Nathan Sheard

I can't replace my face.

Member of the Public - Nathan Sheard

And the risk of government use of face recognition technology.

Member of the Public - Nathan Sheard

So far, I...

Member of the Public - Nathan Sheard

outweighs any benefit.

Member of the Public - Nathan Sheard

The way that it will chill our ability to engage in protests, to engage in free speech, to be able to associate with freely and to

Member of the Public - Nathan Sheard

search new ideas, healthcare, the risk that we'll be able to document like where we go into healthcare, how we move around the city, is considerable.

Member of the Public - Nathan Sheard

There's no way to separate that risk from government use of the technology.

Member of the Public - Nathan Sheard

I think Illinois has a good model on how we can respond to private use of the technology.

Member of the Public - Nathan Sheard

You know, we definitely don't want to be in a situation where people are being persuaded or otherwise not being informed about the way that they're

Member of the Public - Nathan Sheard

biometric data is being collected.

Member of the Public - Nathan Sheard

So by making sure that we have that the only time that that, but we also want to make sure that researchers are still be able to use the technology.

Member of the Public - Nathan Sheard

The ACLU years ago used face recognition on a number of Congress people and they built a, and was able to show how it was

Member of the Public - Nathan Sheard

how easily it misidentified people, especially black, brown folks, women, older folks.

Member of the Public - Nathan Sheard

And so that kind of research and use can be really helpful.

Member of the Public - Nathan Sheard

But we need to make sure.

Member of the Public - Nathan Sheard

So how do we protect people from the harms but still allow that research and other consensual use to be done?

Member of the Public - Nathan Sheard

And I think, again, that model of making sure that people have informed, written consent about how the technology is being used and how the data is going to be stored and that they can only be used for the ways that have been explicitly approved by the individual whose

Member of the Public - Nathan Sheard

data is being collected is a way that we can make sure.

Member of the Public - Nathan Sheard

sure that people are, that we can mitigate the risk and it is only used in ways that people are very, are in an informed, consensual way agreeing to.

Carmen N. De La Rosa

Thank you all.

Carmen N. De La Rosa

Councilmember Maloney.