New York, NY: Biometric Privacy Law Applies New Requirements for Businesses

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Employers in NYC that Collect Biometric Data

EFFECTIVE

July 9, 2021

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The New York City Biometric Identifier Information Law requires commercial establishments—such as retail stores, food and drink establishments, and entertainment venues—that collect customer “biometric identifier information” to post signage stating as such, and strictly prohibits selling or sharing such data, except with law enforcement. Financial institutions and government agencies, employees, and agents are exempt from the signage requirement, but are likewise prohibited from selling biometric data.

“Biometric identifier information” includes physiological or biological characteristics used to identify an individual, such as a retina or iris scans, finger or voice prints, hand or facial scans, or other such identifying characteristics.

Businesses are that are required to post signage have a 30-day notice and cure provision for a violation. Individuals may file a claim for noncompliance only after giving a business notice of the claimed violation and allowing the business 30 days to state in writing that the appropriate signage has been posted and no future violations will occur. Nevertheless, covered businesses should look to post the required signage as promptly as possible.

Action Items

Review business practices to determine if applicable biometric identifier information is being collected and what the information is being used for.
Update privacy protocols and protections.
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Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.