New York City Proposes Expansion of Biometric Data Collection Law
New York City is considering amendments to its Biometric Identifier Information Law in response to the increasing use of biometric data by businesses and venues. The proposed amendments, known as Bill Nos. 1014-2023 & 1024-2023, aim to broaden the scope of the law, regulate the use of biometric recognition technology, and prohibit its use by landlords of multiple dwellings.
The current Biometric Identifier Information Law, enacted in 2021, applies to commercial establishments that collect, retain, convert, store, or share customers’ biometric identifier information. It requires businesses to disclose such collection and use by placing clear signs at customer entrances. The law prohibits the selling or leasing of biometric data and allows for a private right of action, with damages ranging from $500 to $5,000 per violation.
Bill No. 1014-2023 expands the law’s coverage to include all places or providers of public accommodation, such as retail stores and concert venues. It also broadens the definition of biometric identifier information to include a person’s gait or movement patterns. The bill prohibits the use of biometric recognition technology for identifying or verifying customers, effectively preventing the refusal of service based on biometric data.
Additionally, Bill No. 1024-2023 prohibits owners of multiple dwelling buildings from using biometric recognition technology to identify tenants or their guests. It also bans the collection of biometric data by smart access buildings using such technology.
Both bills are currently under review by the City Council’s Committee on Technology and, if passed, would take effect within 180 and 120 days, respectively. Businesses and places of public accommodation should assess their compliance with the current law and monitor the progress of the proposed amendments.
These proposed changes aim to protect individuals’ biometric data and ensure its responsible use. By implementing stricter regulations, New York City seeks to balance technological advancements with privacy rights.
