AI incident ·
Wrongful Attempted Arrest for Apple Store Thefts Due to NYPD’s Facial Misidentification
In brief
An AI system built by Unknown and deployed by New York Police Department allegedly harmed Ousmane Bah, NYC Black young people and 1 other.
- Risk domain
- AI system safety, failures, and limitations
- Occurred
- Coverage
- 5 reports
What happened
New York Police Department (NYPD)’s facial recognition system falsely connected a Black teenager to a series of thefts at Apple stores, which resulted in his wrongful attempted arrest.
Laws that address this harm
Policy angle: Classified under AI system safety, failures, and limitations (Lack of capability or robustness) in the MIT AI Risk Repository taxonomy; 5 recorded instruments address this use case.
- India DPDP Act
- Law on Artificial Intelligence (2025)
- Law No. 132/2025 on artificial intelligence
- EU AI Act
- Texas Responsible AI Governance Act (TRAIGA)
Matched from the record's risk domain and country to the instruments recorded here. A reviewer can correct the match in the repository (data/external/incident_overrides.yaml).
News reports (5)
Titles link to the original publisher; report text is not reproduced here.
Who was involved
- Alleged deployer
- New York Police Department
- Alleged developer
- Unknown
- Alleged harmed party
- Ousmane Bah NYC Black young people NYC Black people
AI systems implicated
Facial recognition systemsAI-enabled decision support systems
Classification (MIT AI Risk Repository taxonomy)
- Risk domain
- AI system safety, failures, and limitations
- Risk subdomain
- 7.3 Lack of capability or robustness
- Causal entity
- AI
- Intent
- Unintentional
- Timing
- Post-deployment
- Harm level
- —
- Sectors
- —
- Countries
- —
Risk entries describing this failure mode
Entries from the MIT AI Risk Repository coded to subdomain 7.3.
- Reliability issues
"Relying on general-purpose AI products that fail to fulfil their intended function can lead to harm. For example, general- purpose AI systems can make up facts (‘hallucination’), generate erroneous computer code, or pro...
- Type 2: Bigger than expected
Harm can result from AI that was not expected to have a large impact at all, such as a lab leak, a surprisingly addictive open-source product, or an unexpected repurposing of a research prototype.
- Type 3: Worse than expected
AI intended to have a large societal impact can turn out harmful by mistake, such as a popular product that creates problems and partially solves them only for its users.
- Ethics and Morality Issues
LMs need to pay more attention to universally accepted societal values at the level of ethics and morality, including the judgement of right and wrong, and its relationship with social norms and laws.
- Safe learning
"AGIs should avoid making fatal mistakes during the learning phase. Subproblems include safe exploration and distributional shift (DeepMind, OpenAI), and continual learning (Berkeley)."
- Malign belief distributions
"Christiano (2016) argues that the universal distribution M (Hutter, 2005; Solomonoff, 1964a,b, 1978) is malign. The argument is somewhat intricate, and is based on the idea that a hypothesis about the world often includ...
- Meta-cognition
"Agents that reason about their own computational resources and logically uncertain events can encounter strange paradoxes due to Godelian limitations (Fallenstein and Soares, 2015; Soares and Fallenstein, 2014, 2017) an...
- Technical and operational risks
"To date, technical limitations and vulnerabilities are present in most generative AI models in various contexts. Consequently, malicious users find it easier to breach an AI system’s safety and ethical guardrails to e...
Related incidents
Linked by editors or by text similarity in the source dataset.
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Other incidents involving New York Police Department
- NYPD Facial Recognition System Allegedly Produced Erroneous Match That Reportedly Resulted in Wrongful Detention of Trevis Williams
- Man Arrested For Sock Theft by False Facial Match Despite Alibi
- New York Detective Reportedly Misused Woody Harrelson's Face to Perform Face Recognition Search
- NYPD's Deployment of Facial Recognition Cameras Reportedly Reinforced Biased Policing
Source record: incident #295 on the AI Incident Database · all 5 reports