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The proposed legislation in New York seeks to restrict private entities from utilizing biometric data for marketing activities. This includes any efforts aimed at influencing sales or evaluating marketing effectiveness. The bill aims to protect individuals' biometric information from commercial exploitation.
Key Provisions
Prohibits private entities from using biometric data for marketing purposes.
Defines 'private entity' and 'biometric identifier' clearly.
Excludes certain data types from the definition of biometric identifiers.
Applies to all private entities, regardless of their profit status.
Effective 30 days after becoming law.
Latest Legislative Action
RECOMMIT, ENACTING CLAUSE STRICKEN
Bill Sponsors
Name
Role
Simcha Felder
Primary
Compliance Checklist
Cease using biometric data for marketing activities Who: All private entities in New York Deadline: 30 days after the bill becomes law Penalty: Potential penalties for non-compliance not specified
The bill prohibits private entities from using biometric identifiers or biometric information for any advertising, marketing, or promotional activities intended to influence business volume, sales, or market share. This restriction applies regardless of the beneficiary's status as governmental, for-profit, or not-for-profit. The bill does not specify compliance mechanisms or penalties for non-compliance. Key definitions clarify what constitutes biometric identifiers and information, excluding certain types of data such as photographs or health-related information. This legislation aligns with growing trends in data privacy and biometric regulation seen in other states, reflecting a heightened awareness of consumer rights regarding personal data.
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