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NY Post
New York Post
11 May 2024


NextImg:Judge tosses suit accusing MSG, James Dolan of using facial ID for profit

A federal judge this week tossed a data-privacy lawsuit accusing Madison Square Garden of illegally using facial recognition technology to scare off the arena’s legal opponents.

“As objectionable as the defendant’s use of biometric data may be, it does not . . . violate” privacy laws, Manhattan federal Judge Lewis Kaplan wrote in a five-page ruling.

Kaplan rejected a January recommendation by U.S. Magistrate Judge James Cott that the class-action lawsuit accusing MSG Entertainment and owner James Dolan of illegally using biometric data for personal gain should proceed.

MSG owner James Dolan was able to get a judge to dismiss a lawsuit accusing it of violating the city’s biometrics law. Getty Images

Instead, Kaplan in Tuesday’s decision said he disagreed with claims that MSG “profited” by collected facial images in part to scare off future lawsuits.

Dolan has come under fire for his controversial use of creepy facial-recognition software to bar unwelcome attorneys and other critics from entering the World’s Most Famous Arena — home of the Rangers and Knicks — and sister venues like Radio City Music Hall.

An MSG spokesperson hailed the judge’s decision, saying, “As we’ve always said, our policies and practices are 100% legal, and we’ve always made clear we don’t sell or profit from customer data.”

fans line up at security checkpoints to get inside Madison Square Garden.
Madison Square Garden uses facial recognition software. Matthew McDermott

The suit filed on behalf of two New Yorkers, Aaron Gross and Jacob Blumenkrantz, potentially would have covered the millions of people who’ve attended events at MSG-owned venues since the city’s biometric data protection law went into effect in July 2021.

The law is used to prevent entertainment venues and other businesses from selling personal information for profit.

When The Post first reported on the suit after it was filed in state court in March 2023, MSG execs called it “the dumbest suit yet.” 

Israel David, the plaintiffs’ lawyer, did not return messages.