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Prohibits the use of biometric surveillance system or biometric surveillance information in places of public accommodation; prohibits entering into any agreement that authorizes any third party to use any biometric surveillance system or biometric surveillance information; provides penalties for…
In one paragraph
New York's A 6211 (same as S 8004) would add Civil Rights Law § 40-h, making it unlawful for an owner, manager, employee or other agent of a place or provider of public accommodation to use a biometric surveillance system or biometric surveillance information, or to let a third party do so on its behalf. It would also require written notice and consent before collecting biometric information. Referred to the Assembly Governmental Operations Committee in February 2025 and again January 7, 2026; it has not passed either chamber.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None yet: the bill is pending. If enacted, stores, venues, hotels and other public accommodations could not use facial recognition or other biometric surveillance, and would need written consent to collect biometric data.
Key provisions
- Biometric surveillance: an automated or semi-automated process that identifies a person from biometric information, or generates surveillance information about a person from it
- Unlawful for a public accommodation's owner, franchisee, lessee, manager, agent or employee (among others) to use a biometric surveillance system or its information, or to agree to let a third party use one on their behalf
- Not prohibited: using biometric information to unlock a personal or business device, or on a device such as a phone or tablet solely for user authentication
- A public accommodation could not collect or obtain biometric information without first telling the person in writing that it is being collected and its purpose and term, and getting a knowing, voluntary written release; consent could not be a condition of service or entry
- Holders of biometric information would have to protect it with the industry's reasonable standard of care, at least as protectively as other confidential information
- Violators, and anyone who aids or incites a violation, would be liable for each violation to a penalty of not less than the greater of $1,000 of actual damages, recoverable by the person aggrieved; a prevailing plaintiff would get attorneys' fees; criminal defendants could move to suppress evidence obtained in violation
- Would take effect immediately; pending in the Assembly Governmental Operations Committee
Latest legislative action
Jan 7, 2026. referred to governmental operations
Sponsors (showing 5 of 43)
| Name | Role |
|---|---|
| Brian F. Curran | Primary |
| MAGNARELLI | Primary |
| MOYA | Primary |
| REILLY | Primary |
| Tony Simone D | Primary |
Topics and industries
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Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error