What's happening
This bill prohibits employers from requiring fingerprinting or mandatory iris and retina scans as a condition of employment, with certain exceptions.
Why it matters
Expands worker privacy protections. by barring most private employers from requiring highly sensitive biometric data (fingerprints, iris, or retina scans), helping to reduce risks related to identity theft, misuse of personal data, and surveillance in the workplace.
Addresses emerging technology concerns. , as iris and retina scans are increasingly used for security and timekeeping; this bill proactively limits their mandatory use before such practices become widespread and potentially normalized.
Maintains critical exceptions. for public sector jobs, publicly supported hospitals, and medical colleges, balancing privacy with the need for security, patient safety, and regulatory compliance in sensitive fields.
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Who cares
Headline styles
Ban Employee Biometric Scans
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to labor
- Delivered to assembly
- Passed senateVote 52–10
- Advanced to third reading
- 2nd report cal.
- 1st report cal.191
- Referred to labor
- Returned to senate
- Died in assembly
- Referred to labor
- Delivered to assembly
- Passed senateVote 52–9
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.435
- Referred to labor
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
681
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. MARTINEZ, COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to prohibiting fingerprinting or mandatory iris and retina scanning of employees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 201-a of the labor law, as amended by chapter 460 of the laws of 1973, is amended to read as follows:
§ 201-a. Fingerprinting or mandatory iris and retina scanning of employees prohibited. Except as otherwise provided by law, no person, as a condition of securing employment or of continuing employment, shall be required to be fingerprinted or undergo mandatory iris and retina scanning. This provision shall not apply to employees of the state or any municipal subdivisions or departments thereof, or to the employees of legally incorporated hospitals, supported in whole or in part by public funds or private endowment, or to the employees of medical colleges affiliated with such hospitals or to employees of private proprietary hospitals.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02797-01-5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to prohibiting fingerprinting or mandatory iris and retina scanning of employees
Purpose
The purpose of this bill is to prohibit the required use of iris and/or retina scanning of employees to retain or gain employment.
Summary of provisions
Section 1. amends the labor law adding section 201-a-1 to prohibit iris and retina scanning of employees. This section also provides conditions to which employees will not be subject to prohibition of iris and retina scanning.
Section 2. is the enacting clause.
Justification
Implementing a prohibition on mandatory iris and/or retina scanning at the workplace as a condition of maintaining or gaining employment is essential to safeguarding privacy and data protection. Biometric tech- nologies, while advanced and efficient, pose potential risks of unau- thorized access and data breaches as well as unknown health impli- cations. By restricting mandatory iris and retina scanning, we protect employees from invasions of their personal information, fostering a workplace culture of trust. HIPAA does not cover most private employers and thus employees could be at risk of their personal information being shared or obtained without their consent.
While workplace security is paramount, it is crucial to balance the implementation of advanced technology with ethical considerations. Prohibiting mandatory iris and retina scanning aligns with our states commitment to prioritizing the health and safety of both employers and employees through transparency. This measure does not prevent employers from implementing the technology, it simply prohibits the requirement of employees consenting to using the technology to continue or gain employ- ment.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.