Why Are Gay Bars Building Databases of Their Patrons?

EFF update
20 hours 12 minutes ago

Recent reports have raised alarm about the use of PatronScan, an ID-checking and face-scanning system, at multiple LGBTQ+ bars in San Francisco’s Castro neighborhood. Much of the attention has focused on reports that the system photographs patrons as they enter venues and questions about whether those images are used for facial recognition.

A broader privacy concern also deserves scrutiny. For years, PatronScan has marketed itself not just as an ID-verification tool, but as a system that allows bars and clubs to identify patrons, keep records about them, and share information across venues. As one news article published in 2019 documented, PatronScan built a network that allowed participating bars to flag patrons and share information about them with other establishments. 

And in California, it’s not at all clear how PatronScan’s business model of scanning IDs and sharing the information from those scans with other bars comports with the law. California’s ID privacy law, which was amended in 2018 to add ID “scans,” states that no businesses shall “retain or use” any information from a scanned ID card except for limited purposes such as to verify age, comply with a legal requirement, or prevent fraud. 

A venue cannot claim to be a safe space while feeding its patrons’ data to a third party database.

Californians should be deeply concerned about businesses that collect information from government-issued IDs and use it to build databases about where people go, whom they associate with, and whether they should be allowed into other public gathering places. That concern is especially strong in LGBTQ+ spaces, which have long served as refuges for people to go without being tracked, monitored, or put on lists. 

We reached out to Patronscan with questions regarding their practices and their views on California ID law. They referred us to their published FAQ question “Is Patronscan privacy compliant in California?” which claims that the use of Patronscan kiosks is legal in California. They also said “Patronscan does not do facial recognition in North America, or any kind of automated analysis of the ID or the live photo image.” 

The California Legislature Has Investigated PatronScan’s Business Model 

In 2018, the California Legislature published bill analyses (on that year's AB 2769) that went into detail about PatronScan’s business. Reviewing PatronScan's own materials, the California Senate Judiciary Committee found that the company had collected and retained information on 561,087 customers in Sacramento alone during the first five months of 2018—a remarkable figure for a city whose population had only recently topped 500,000.

Lawmakers also found that at that time, PatronScan retained information for at least 90 days or longer in some cases, shared information among participating bars, and maintained bans that lasted an average of more than 19 years. A PatronScan “Public Safety Report” used 10,000 scans collected on a single day to report on “where customers live, how far they have traveled, and how many different venues the customers patronized.” 

This was not simply checking IDs at the door. PatronScan was building a database. 

An immigrants’ rights group, the Coalition for Human Immigrant Rights (CHIRLA), wrote about its concern at the time with these growing ID databases, saying that “placing individuals on a database that labels them a "threat to public safety" has “significant immigration consequences that could lead to deportation, revoking of current status, or denial of future immigration relief.” 

Today, Patronscan states that it retains personal information about all customers for 21 days, and about flagged customers for up to five years. This includes the customer’s name, date of birth, photograph, gender, and zip code. It also includes the dates and times that the customer entered particular bars. Such databases are a grave privacy threat. Personal data is routinely stolen by thieves, misused by a company’s employees, seized by government agencies, and diverted to new purposes by a company’s executives. 

California Law Still Bans ID-Scan Databases, And Bars Should Follow That Law

In 2018, California lawmakers closed what they viewed as a loophole. Existing law already prohibited businesses from retaining or using information obtained when they “swiped” a driver's license, except for the narrow purposes of legal requirements (like a judicial warrant) or “preventing fraud, abuse, or material misrepresentation.” 

After reviewing companies like PatronScan, the Legislature amended the law to make clear that the same restrictions that apply to businesses that “swipe” ID cards also apply when those IDs are “scanned.” PatronScan opposed that change, arguing it wanted to preserve the ability to share information among bars so participating venues could decide whether to admit patrons.

The bill became law anyway. Yet PatronScan continues to market and sell a system that apparently retains information from scanned IDs, and allows participating venues to flag patrons and share information across its network. 

At a minimum, that raises serious questions about how those practices fit with California's existing ID privacy law. Bar and nightlife venue owners who utilize PatronScan should think twice about its effects on their customers, and consider going back to standard, visual ID checks. These physical checks have been effective at keeping underage patrons out of 21-and-over venues for decades, and don’t present the serious privacy dangers of creating a private database of bar patrons. 

For venues serving vulnerable communities like immigrants or the LGBTQ+ community, the stakes of using this technology are even higher. It’s disappointing and alarming to see some of California’s more well-known LGBTQ+ nightlife spots instead lining up as PatronScan’s early adopters. A venue cannot claim to be a safe space while feeding its patrons’ data to a third party database. These businesses should reject PatronScan, return to the standard ID checks that every other bar has been able to utilize, and prove to their customers that their privacy and security still matters. 

Joe Mullin

【リレー時評】時代と共振━『世界』創刊1000号に想う＝山口 昭男(JCJ代表委員)

日本ジャーナリストクラブ（JCJ）
20 hours 31 minutes ago
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