What's happening
This bill prohibits private entities in New York from using biometric data for marketing, advertising, or promotional purposes.
Why it matters
Sets strict boundaries on how private companies can use biometric data. , specifically banning its use for any type of marketing, advertising, or promotional activities, regardless of the company’s profit status.
Defines “biometric identifier” and “biometric information” clearly and narrowly,. focusing on unique biological traits like fingerprints, voiceprints, and iris scans, while intentionally excluding photographs, video/audio recordings, and health care data regulated under HIPAA.
Attempts to close potential loopholes. by covering not only direct advertising, but also any activity intended to influence business outcomes or evaluate marketing effectiveness, thereby limiting indirect use or repurposing of biometric data for commercial gain.
Signals a significant step toward consumer privacy protections in the digital age,. potentially shaping how tech firms, retailers, and marketers collect and handle sensitive personal information in New York, and possibly influencing similar legislation elsewhere.
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Who cares
Advertisers and marketing firms
The bill would prohibit private entities from using covered biometric data to target promotions or evaluate marketing practices or personnel.
Retailers and other businesses
They could not use covered biometric identifiers or information to influence sales, business volume or market share.
Consumers whose biometric data is collected
The bill would bar marketing uses of identifying data such as fingerprints, voiceprints and iris measurements, but exclude photographs, recordings and data derived from them.
Nonprofit organizations and government agencies
The prohibition would cover private entities’ biometric marketing activities even when a nonprofit or government entity benefits, although state and local agencies are excluded from the definition of private entity.
Headline styles
Ban Biometric Marketing Data
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 26
1 Co-sponsor
History
- Referred to consumer affairs and protection
- Referred to consumer affairs and protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Biometric Data Marketing
In Senate Committee · Consumer Protection · Sponsor Monica Martinez
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
235
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. BRAUNSTEIN -- read once and referred to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to the use of biometric data for marketing purposes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 399-dddd to read as follows:
§ 399-dddd. Use of biometric data for marketing purposes. 1. As used in this section the following terms shall have the following meanings:
(a) "Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity does not include a state or local government agency;
(b) "Biometric identifier" means data generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological pattern or characteristic that is used to identify a specific individual. Biometric identifier does not include a physical or digital photograph, video or audio recording or data generated therefrom, or information collected, used, or stored for health care treatment, payment, or operations under the federal health insurance portability and accountability act of 1996; and
(c) "Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.
2. No private entity shall use biometric identifiers or biometric information for any advertising, detailing, marketing, promotion, or any
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02676-01-9
A. 235 2
other activity that is intended to be used to influence business volume, sales or market share or to evaluate the effectiveness of marketing practices or marketing personnel, regardless of whether the beneficiary of such activity is a governmental, for-profit or not-for-profit entity.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.