Brazil's São Paulo Metro was ordered to stop using facial recognition which was covertly profiling millions of daily commuters - including capturing demographic and emotional data - without their knowledge or consent. 

Between 2021 and 2023, the São Paulo Metro (Metrô) deployed screens fitted with AdMobilize's computer vision technology on platform edge doors across its network. The system used cameras embedded in digital advertising displays to analyse passengers waiting on platforms, collecting data on estimated age, gender, and emotional state in real time. 

The metro carries around five million passengers daily, meaning the potential scale of data collection was enormous. Passengers had no meaningful notice that they were being analysed, and no opportunity to opt out. 

Following complaints and investigations by Brazilian civil society and data protection authorities, the São Paulo State Data Protection Authority (ANPD-SP equivalent body) and a court order required the metro to suspend use of the technology. 

The system was being operated in the context of advertising optimisation — matching ads to inferred audience demographics — rather than for any security or safety purpose. 

Timeline ⏰

• May 2021. The Court of Justice of São Paulo ordered Via Quatro to terminate (pdf, in Portuguese) its 'abusive' use of facial recognition technology and data collection.

• March 2022. São Paulo court judge Cynthia Thome ordered the company responsible for running Sao Paulo's metro system Companhia do Metropolitano de São Paulo (METRO), to suspend its use of facial recognition as part of the broader implementation of the SecurOS electronic surveillance system.

Legal, regulatory 👩🏼‍⚖️

• TRIBUNAL DE JUSTIÇA DO ESTADO DE SÃO PAULO (2018). SENTENÇA

Research, advocacy 🧮

• Access Now. Facial recognition on trial: emotion and gender “detection” under scrutiny in a court case in Brazil

• Article 19. Civil society blocks facial recognition tech on São Paulo Metro

• Instituto Brasileiro de Defesa do Consumidor (IDEC, 2018). AO EXCELENTÍSSIMO(A) SENHOR(A) DOUTOR(A) JUIZ(A) DE DIREITO DE UMA DAS VARAS CÍVEIS DO FORO CENTRAL DA COMARCA DE SÃO PAULO - SP

• Global Freedom of Expression, Columbia University. The Case of São Paulo Subway Facial Recognition Cameras

News, commentary, analysis 🗞️

• https://www.bloomberg.com/news/articles/2018-05-08/s-o-paulo-metro-s-newest-platform-doors-can-read-your-face

• https://www.zdnet.com/article/sao-paulo-subway-operator-gets-sued-for-collecting-passenger-data/

• https://sociable.co/technology/emotion-gender-prediction-tech-should-be-banned-brazils-metro-ngo-testifies/

• https://ohrh.law.ox.ac.uk/mind-the-gap-the-privacy-void-in-brazilians-public-transport/

• https://www.biometricupdate.com/202007/metro-facial-biometrics-emotion-gender-detection-system-legitimacy-disputed-in-brazil-court

• https://www.vice.com/en/article/5dp8wq/brazils-biggest-metro-could-get-facial-recognition-cameras-that-reinforce-racist-policing

• https://www.eff.org/deeplinks/2018/12/where-government-hack-their-own-people-and-people-fight-back-latin-american

• https://intervozes.org.br/acao-quer-vedar-o-uso-de-tecnologias-de-reconhecimento-facial-pelo-metro-de-sao-paulo/

• https://www.biometricupdate.com/202203/brazilian-subway-operator-pushing-facial-recognition-despite-sustained-protests

• https://www.zdnet.com/article/sao-paulo-subway-ordered-to-suspend-use-of-facial-recognition/

• https://www.biometricupdate.com/202203/brazilian-subway-operator-pushing-facial-recognition-despite-sustained-protests