What's happening
This bill bans private entities from using biometric data for marketing or measuring marketing effectiveness.
Why it matters
Statewide restriction. The ban would cover private entities throughout New York, including individuals, businesses and associations, but not state or local government agencies.
Defined limits. Covered data includes identifying fingerprints, voiceprints and iris measurements. Photographs, video and audio recordings, data derived from them, and specified health care information are excluded.
Broad marketing ban. The bill would prohibit using covered data to influence sales or market share or evaluate marketing practices and personnel. It adds no explicit penalties or enforcement mechanism.
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Who cares
Retailers and other businesses
They would be barred from using covered biometric data to promote sales or assess marketing effectiveness.
Advertising and marketing firms
Their use of covered biometric data would be restricted even when campaigns benefit government or nonprofit clients.
People whose biometric data is used
The bill would restrict marketing uses of their covered identifying biological characteristics.
Headline styles
Ban Biometric Data Marketing
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer 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 Marketing Data
In Assembly Committee · Consumer Affairs And Protection · Sponsor Edward Braunstein
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2500
2019-2020 Regular Sessions
IN SENATE
January 25, 2019
Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer 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 other activity that is intended to be used to influence business volume,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02676-01-9
S. 2500 2
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.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to the use of biometric data for marketing purposes
Purpose or general idea of bill
Relates to the use of biometric data for marketing purposes.
Summary of specific provisions
Adds Section 399-dddd of the general business law. Section 1 subdivision (a) defines "private entity" to mean any individual, partnership, corpo- ration, limited liability company, association, or other group, however organized. Subdivision (b) defines "biometric identifier" to mean data generated by automatic measurements of an individual's biological char- acteristics, such as fingerprint, voiceprint, eye retinas, irises, or other unique biological pattern or characteristic that is used to iden- tify a specific individual. This section also adds subdivision (c) which defines "biometric information" to mean any information, regard- less of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual.
Read the full memo (639 words)
Section 2. Provides no private entity shall use.biometric identifiers or biometric information for any advertising, detailing, marketing, promotion, or any other activity that is intended to be used to influ- ence business volume, sales or market share or to evaluate the effec- tiveness of marketing practices or marketing personnel, regardless of whether the beneficiary of such activity is a governmental, for-profit or non-profit entity.
Section 3. Contains the effective date.
Justification
In an effort to improve safety in large venues, various private entities like Madison Square Garden have begun to use facial recognition technol- ogy and other biometric identifiers as part of their security systems. While arenas do not disclose their security information, sources from within Madison Square Garden told the New York Times that the venue has been using facial recognition software. This technology collects infor- mation from concert-goers, sports fans, and the like, including finger- prints, voiceprints, eye retinas, irises, and other biometric data. The data is then run through a program to try to find any persons who might be a risk.
There is potential for this type of system to improve safety and decrease events like mass shootings and bombings that have been too common in the last two decades. But, the use of this technology by private entities is not currently efficient due to their-inability to cross-reference any data collected with comprehensive watch lists. Even more troubling is the fact that these private entities are able to profit off of the biometric data that they collect through marketing and advertising means. This data may at times be collected covertly or buried in the fine print when purchasing a ticket.
Allen Ganz, a director of critical infrastructure at NEC Corporation of America, an industry leader in facial recognition, told the New York Times that his company's system could "estimate anonymously the age and gender of people coming into the stadium." An electronic advertising board connected to the system could even be changed depending upon the age and gender of who is standing in front of it. When this data is used for security reasons, its benefits may outweigh its drawbacks. However, when used by private entities to make a profit, it is a violation of privacy. There is currently no federal law governing the use of facial recognition technology. This legislation prohibits the use of biometric identifiers and information for marketing purposes. This would prevent private entities from using data, which they claim they are gathering for security reasons, to profit. It is not intended to end the practice of security systems using biometric data, but only to stop private entities from then going on to use that data to profit from through advertising, marketing, and promotion.
Prior legislative history
2018: A.10794 - Referred to Consumer Affairs and Protection.
Fiscal implications
None.
Effective date
This act shall take effect on the thirteenth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.