Biometric Data Protected In New York City
Beginning July 9, all New York City commercial businesses that obtain customers’ biometric information must comply with a newly enacted protocol that protects consumers.
Commercial businesses that obtain biometric data from customers will be required to post signs on storefronts signifying they utilize this technology and will not be able to profit from any collected data. Additionally, employees of companies that utilize the technology are excluded from this ordinance.
Biometrics include but are not limited to identifying characteristics of a person such as a palm or a fingerprint, facial recognition, voice, or iris scan. Biometric data obtained from these resources are typically used to identify individuals.
Exemptions to the rule include banks and government agencies, which can still utilize the technology and allow law enforcement access to the collected information in case of a crime. Banks are exempt from signage but may not share the data. Private shops that only utilize cameras without other data collection methods and do not share data with outside agencies (outside of a police investigation) are also exempt from the signage.
Other states have initiated the biometric regulations, with Illinois being one of the first to enact such measures under its 2008 Biometric Information Privacy Act (BIPA). It allows private company employees the right to the confidentiality of identifying information from fingerprint scans during the use of time clocks.
At the beginning of this year, Portland, Ore., banned facial recognition software in private shops to protect its consumers. This ban originally garnered attention due to its focus on expanding regulations on private businesses.
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