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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 S 8004 would add Civil Rights Law § 40-h making it unlawful for an owner, franchisor, franchisee or other operator of a place or provider of public accommodation to use any biometric surveillance system or its information, or let a third party do so on its behalf. Collecting biometric information would require written notice, a stated purpose and term, and a written release. Violators and those who aid or incite them would owe the aggrieved person at least the greater of $1,000 or actual damages per violation, plus attorneys' fees. Referred to Investigations and Government Operations 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, businesses open to the public could not use biometric surveillance and would need written consent and safeguards before collecting biometric information.
Key provisions
- Unlawful for places and providers of public accommodation to use any biometric surveillance system or surveillance information, or to authorize a third party to do so
- Exceptions: using biometric information to unlock a personal or business device, and biometric surveillance on an electronic device such as a phone or tablet solely for user authentication
- Before collecting biometric information: written notice that it is collected or stored, written notice of the purpose and length of term, and a written release; consent must be knowing and voluntary and cannot be made a condition of service or of entry into the place
- Holders must protect biometric information with the industry's reasonable standard of care and at least as well as other confidential information
- Liability of not less than the greater of $1,000 or actual damages for each violation, for violators and those who aid or incite, recovered by the person aggrieved or a New York resident assignee; court must award reasonable attorneys' fees to a prevailing plaintiff; evidence obtained in violation is suppressed on a criminal defendant's motion
- Takes effect immediately; Assembly same-as A6211
Latest legislative action
Jan 7, 2026. referred to investigations and government operations
Sponsors (showing 5 of 15)
| Name | Role |
|---|---|
| BAILEY | Primary |
| James Skoufis D | Primary |
| Rachel May D | Primary |
| SANDERS | Primary |
| Alexis Weik R | Cosponsor |
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