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AI Summary
This bill prohibits private entities from using biometric data for marketing purposes, including evaluating marketing effectiveness, to influence business metrics.
Business Impact
If you use biometric data for marketing in New York, you must cease such practices by the effective date or face penalties.
What do these statuses mean? ▼
Introduced
— Filed in the legislature; not yet heard in committee
In Committee
— Assigned to and being reviewed by a legislative committee
Passed
— Approved by one or both chambers; awaiting further action
Signed / Enacted
— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed
— Vetoed, failed to pass, or session expired without action
Unknown
— Status data not yet available or awaiting classification
Affected Industries
Topics How we classify →
What This Means
This legislation aims to restrict private entities from utilizing biometric data for marketing activities, including evaluating marketing effectiveness. It defines key terms related to biometric identifiers and information, ensuring compliance from various businesses. The bill's implications could significantly affect how companies approach data collection and marketing strategies.
Key Provisions
- Prohibits private entities from using biometric data for marketing purposes, including evaluating marketing effectiveness.
- Defines 'private entity' and 'biometric identifier' for clarity.
- Excludes state or local government agencies from the definition of private entities.
- Specifies that biometric identifiers do not include certain health-related data.
- Establishes that the bill will take effect 30 days after becoming law.
Latest Legislative Action
REFERRED TO TRANSPORTATION
Bill Sponsors
| Name | Role |
|---|---|
| Andrew J. Lanza | 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 as defined in future regulations
Who: All private entities in New York
Deadline: 30 days after the bill becomes law
Penalty: Potential penalties as defined in future regulations
Related & Companion Bills
Full Legal Analysis
The bill prohibits private entities from using biometric identifiers or biometric information for any marketing-related activities aimed at influencing business volume, sales, or market share, including evaluating the effectiveness of marketing practices or marketing personnel. Compliance is required from all private entities, which include individuals, partnerships, corporations, and other organized groups, but exclude state or local government agencies. The bill does not specify penalties for non-compliance within the provided text, which may be addressed in other legislative or regulatory frameworks. Key definitions include 'biometric identifier' and 'biometric information,' which are crucial for understanding the scope of the bill. This legislation aligns with growing trends in data privacy and biometric regulation seen in other states, reflecting a broader movement towards protecting individual privacy rights in the digital age.
Official Source
Official Bill Text
View S05879 on official legislature website →
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